Minister: Minister for Police and Minister for Corrective Services
Agency: Queensland Police Service


Police Powers and Responsibilities Act 2000


Queensland Crest
Police Powers and Responsibilities Act 2000

An Act about the powers and responsibilities of police officers, and for other purposes

Chapter 1 Preliminary

Part 1 General

1Short title

This Act may be cited as the Police Powers and Responsibilities Act 2000.

2Commencement

(1)This Act, other than sections 379, 373, 374, 375, 376 and 377 and schedules 2 and 3, commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first.
(2)Sections 373, 374, 375, 376 and 377 and schedule 2 commence on the date of assent.
(3)Section 379 and schedule 3 commence on a day to be fixed by proclamation.

s 2 amd 2000 No. 22s 4

3Dictionary

The dictionary in schedule 6 defines words used in this Act.

4Notes in text

A note in the text of this Act is part of this Act.

s 4 ins 2003 No. 49s 4

5Purposes of Act

The purposes of this Act are as follows—
(a)to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;
(b)to provide powers necessary for effective modern policing and law enforcement;
(c)to provide consistency in the nature and extent of the powers and responsibilities of police officers;
(d)to standardise the way the powers and responsibilities of police officers are to be exercised;
(e)to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act;
(f)to enable the public to better understand the nature and extent of the powers and responsibilities of police officers;
(g)to provide for the forced muster of stray stock.

s 5 amd 2014 No. 13s 20

6Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

s 6 ins 2005 No. 45s 4

7Compliance with Act by police officers

(1)It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it.
(2)For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law.

Examples—

1A minor contravention, for example, forgetting to make an entry in a register, may amount to a breach of discipline under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.
2A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990.
3A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001.
4A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code, section 355.

s 7 amd 2001 No. 69s 378sch 1; 2014 No. 21s 94(2)sch 2

8Act does not affect certain principles

(1)This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.
(2)Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.

Part 2 Effect of Act on other laws

9Act does not affect constable’s common law powers etc.

Unless this Act otherwise provides, this Act does not affect—
(a)the powers, obligations and liabilities a constable has at common law; or
(b)the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property.

10Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings

This Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion or stay the proceeding in the interests of justice.

s 10 amd 2005 No. 45s 5

11Inconsistency

(1)The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities.
(2)This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer.
(3)To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary.
(4)This section applies subject to section 12.

12Relationship to other Acts

(1)This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1.

Example—

A police officer who has entered a place under section 609 may, under the Public Health Act 2005, section 157B, take a person to a treatment or care place within the meaning of chapter 4A of that Act.
(2)However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1.

Example—

It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place.
(3)Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.

s 12 amd 2000 No. 16 s 590 sch 1 pt 2 (amd 2001 No. 78 s 102 sch 2); 2016 No. 5 s 923 sch 4

Part 3 Appointment as, and helping, public officials

Division 1 Provisions about appointments

13Appointment of police officers as public officials for other Acts

(1)This section applies if—
(a)an Act (authorising law) authorises someone (appointer) to appoint public officials for giving effect to the authorising law; and
(b)a police officer may be appointed as a public official under the authorising law.
(2)Despite the authorising law, the appointer may appoint a police officer as a public official for the authorising law only with the commissioner’s written approval to the proposed appointment.
(3)The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed—
(a)has the necessary experience or expertise to be a public official for the authorising law; or
(b)has satisfactorily completed a course of training approved by the commissioner.
(4)A police officer may exercise powers as a public official under an authorising law only if and to the extent the commissioner approves the police officer’s appointment under this section.
(5)If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law.

14Declaration of police officers as public officials

(1)This section applies if, under an express provision of an Act (authorising law), a police officer is a public official.
(2)Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers.
(3)The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer—
(a)has the necessary experience or expertise to be a public official for the authorising law; or
(b)has satisfactorily completed a course of training approved by the commissioner.

Example for subsection (3)—

The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.

s 14 amd 2006 No. 26 s 3 sch 1; 2014 No. 7 s 578 sch 4 pt 2

15Authorising provisions of other Acts apply subject to ss 1314

A provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14.

Division 2 Helping public officials

16Helping public officials exercise powers under other Acts

(1)This section applies if an Act (authorising law) authorises a public official to perform functions in relation to a person or thing.
(2)However, this section only applies to a police officer who is not a public official for the authorising law.
(3)If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law.
(4)Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law.
(5)If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.
(6)The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.
(7)Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.

17Steps police officer may take for failure to give name and address etc. to public official

(1)This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement.
(2)The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.
(3)If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2, part 4, require the person to state the following—
(a)the person’s name and address;
(b)the person’s date of birth.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).
(4)This section does not apply if the public official is a police officer.

18Steps police officer may take for obstruction of public official

(1)This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.
(2)The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.
(3)If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.
(4)This section does not apply if the public official is a police officer.

Chapter 2 General enforcement powers

Part 1 Entry, inquiries and inspection

19General power to enter to make inquiries, investigations or serve documents

(1)The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.
(2)However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.

Note—

See, for example, the Prostitution Act 1999, section 59.
(3)A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.

Examples for subsection (3)—

1The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
2The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
3The entry may be for finding out if a missing person is in the place.
(4)Also, a police officer may enter and stay for a reasonable time on a place to serve a document.
(5)However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.
(6)Also, the police officer may only use minimal force to enter the place.

Example for subsection (6)—

turning a door handle to open an unlocked door and opening the door

20What is a reasonable time to stay on a place

(1)What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.
(2)If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—
(a)ask questions of anyone present at the place;
(b)make any reasonable investigation or observation.

Note—

For the functions of the police service, see the Police Service Administration Act 1990, section 2.3 (Functions of service).
(3)If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.

21General power to enter to arrest or detain someone or enforce warrant

(1)A police officer may enter a place and stay for a reasonable time on the place—
(a)to arrest a person without warrant; or
(b)to arrest a person named in a warrant; or
(c)to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or
(d)to detain a person who may be detained under an order made under section 471, 484, 485, 488 or 514; or
(e)to detain a person under another Act.

Note—

See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards.
(2)If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling.
(3)If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person.
(4)A police officer who enters a place under this section may search the place for the person.
(5)In this section—
arrest, a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.

s 21 amd 2003 No. 49s 5; 2006 No. 26s 3sch 1

21APower to enter for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

(1)A police officer may, at any time, enter premises where a reportable offender generally resides to verify the offender’s personal details reported by the offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
(2)In this section—
generally reside, for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.
personal details, of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.
premises, for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.

s 21A ins 2014 No. 34 s 35 sch 1

amd 2017 No. 14 s 41

21BPower to inspect storage devices for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

(1)A police officer may inspect a storage device in the possession of a reportable offender if—
(a)in the last 3 months, the reportable offender has been—
(i)released from government detention; or
(ii)sentenced to a supervision order; or
(b)the reportable offender has been convicted of a prescribed internet offence; or
(c)a magistrate makes a device inspection order for the reportable offender.
(2)However, a police officer may not carry out an inspection under subsection (1)(b) if at least 4 inspections have been carried out by a police officer under this section in relation to the reportable offender within the previous 12 months.
(3)If an inspection of a storage device in the possession of a reportable offender may not be carried out under subsection (1)(a) or (b), a police officer may apply to a magistrate for a device inspection order for the reportable offender.
(4)The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.
(5)For subsection (2), each occasion on which a police officer inspects 1 or more storage devices counts as 1 inspection.
(6)In this section—
device inspection order, for a reportable offender, means an order authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any storage devices in the possession of the reportable offender.
inspect, a storage device, includes inspect the storage device using software.
government detention see the Offender Reporting Act, schedule 5.
Offender Reporting Act means the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
prescribed internet offence means—
(a)an offence against the Criminal Code, section 218A; or
(b)an offence against any of the following provisions of the Criminal Code (Cwlth)—
section 474.19
section 474.20
section 474.22
section 474.23
section 474.25A
section 474.26
section 474.27
section 474.27A; or
(c)an offence under a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence of a kind mentioned in paragraph (a) or (b).
prescribed offence see the Offender Reporting Act, schedule 5.
reportable offence see the Offender Reporting Act, schedule 5.
reportable offender see the Offender Reporting Act, schedule 5.
storage device means a device—
(a)on which information may be stored electronically, including, for example, a smart phone; or
(b)through which information may be accessed, including, for example, from the cloud.
supervision order see the Offender Reporting Act, schedule 5.

s 21B ins 2017 No. 14 s 42

22Power to enter etc. for relevant laws

(1)For ensuring compliance with a relevant law, a police officer may do any of the following—
(a)at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant law;
(b)inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;
(c)seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;
(d)require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;
(e)inspect security measures a person must maintain under the relevant law;
(f)require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e).
(2)A police officer may enter a part of a place not used for the purpose for which entry is made, but only to get to the place used for the purpose.
(3)If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must—
(a)give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and
(b)return the item to the place from which it was taken—
(i)as soon as practicable, but no later than the end of the next day the place is open for business; or
(ii)if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.
(4)Each of the following persons is taken for this section to be a licence holder under a relevant law—
(a)a person who is required under the Drugs Misuse Act 1986, section 43D to keep a register;
(b)a person who is required under the Road Use Management Act, section 133 to record information;
(c)a person who is required under the Health Act 1937, or a regulation under that Act, to make a record in relation to a sale by retail of a substance that is a prescribed item.

Note—

At the time of enactment of this subsection, the Health (Drugs and Poisons) Regulation 1996 requires a person who sells particular poisons by retail to make a record relating to those sales. Those poisons include pseudoephedrine as an S3 poison within the meaning of that regulation. If pseudoephedrine as an S3 poison were declared to be a prescribed item, the person selling it would be taken under paragraph (c) to be a licence holder under a relevant law.
(5)Also, each of the following places is taken for this section to be a place used under a licence under a relevant law—
(a)a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4)(a);
(aa)a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4)(b);
(b)a place used by a person to carry out activities for which records must be made as mentioned in subsection (4)(c).
(6)In this section—
inspect includes examine and test.
prescribed item means—
(a)a document or thing that is required or permitted to be kept under a relevant law; or
(b)a thing declared under a regulation to be a prescribed item for this section.

s 22 amd 2006 No. 26s 4; 2014 No. 43s 15

23What is a reasonable time for entry etc. for a relevant law

(1)A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes—
(a)when the place is open to or used by the public; and
(b)when the police officer may reasonably expect that someone will be present at the place; and
(c)when someone is present at the place.
(2)However, if no-one is at a building on a place a police officer enters under subsection (1)(b), the time stops being a reasonable time for the entry.

s 23 amd 2006 No. 26s 3sch 1

24Requirement by a police officer for a relevant law

(1)This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help.
(2)What is reasonable help must be decided according to the particular circumstances.

Examples for subsection (2)—

1It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.
2It may be reasonable for a person to open a safe or strong room where prescribed items are kept.

25Power to demand production of licence etc. for weapons

(1)This section applies if a person is required under the Weapons Act 1990
(a)to be the holder of a licence or permit to acquire under that Act; or
(b)to have the approval of any person; or
(c)to keep a register or record.
(2)A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents—
(a)the photo licence or permit to acquire;
(b)a certificate or other evidence of approval;
(c)the register or record.
(3)A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents.
(4)However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon.
(5)This section is in addition to, and does not limit, section 22.

Part 2 Searching persons, vehicles and places without warrant

Division 1 Roadblocks

26Roadblocks

(1)A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who—
(a)has committed a seven year imprisonment offence; or
(b)may be unlawfully depriving someone else of liberty; or

Note—

For what is unlawful deprivation of liberty, see the Criminal Code, section 355.
(c)is being unlawfully deprived of liberty; or
(d)has escaped from lawful custody; or
(e)may be endangering the life or safety of someone else.
(2)In deciding whether to establish a roadblock, the police officer must have regard to the following—
(a)when and where the relevant circumstances happened;
(b)information the police officer has about where the person sought may be travelling in a vehicle.
(3)A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it.

27Procedure for establishing roadblocks

Before a police officer decides where to establish a roadblock, the senior police officer present must consider—
(a)the effect the roadblock may have on road safety and public safety; and
(b)the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and
(c)any other relevant safety considerations.

Example—

If the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location.

28Record of roadblock to be made

The senior police officer present at a roadblock must ensure—
(a)a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and
(b)a copy of the record is given to a person nominated by the commissioner for the purpose.

Division 2 Searching persons without warrant

29Searching persons without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following—
(a)stop and detain a person;
(b)search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.
(2)The police officer may seize all or part of a thing—
(a)that may provide evidence of the commission of an offence; or
(b)that the person intends to use to cause harm to himself, herself or someone else; or
(c)if section 30(b) applies, that is an antique firearm.

s 29 amd 2013 No. 45s 54; 2016 No. 62 s 309

30Prescribed circumstances for searching persons without warrant

The prescribed circumstances for searching a person without a warrant are as follows—
(a)the person has something that may be—
(i)a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
(ii)an unlawful dangerous drug; or
(iii)stolen property; or
(iv)unlawfully obtained property; or
(v)tainted property; or
(vi)evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or
(vii)evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
(viii)evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or
(ix)evidence of the commission of an offence against the Liquor Act 1992, section 168B or 168C;
(b)the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—
(i)because of the person’s mental and physical fitness; or
(ii)because a domestic violence order has been made against the person; or
(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;
(c)the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;
(d)the person has something the person intends to use to cause harm to himself, herself or someone else;
(e)the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982, section 103 or 104;
(f)the person has committed, is committing, or is about to commit—
(i)an offence against the Racing Act 2002 or Racing Integrity Act 2016; or
(ii)an offence against the Corrective Services Act 2006, section 128, 129 or 132, or the repealed Corrective Services Act 2000, section 96, 97 or 100; or
(iii)an offence that may threaten the security or management of a prison or the security of a prisoner;
(g)the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992, section 161ZI;
(h)the person has committed, or is committing, an offence against the Summary Offences Act 2005, section 10C;
(i)the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

s 30 amd 2000 No. 63s 276sch 2; 2002 No. 6s 38; 2002 No. 58s 398sch 2; 2006 No. 26s 5; 2006 No. 29s 507; 2007 No. 1s 12; 2008 No. 30s 45; 2016 No. 12 s 389 sch 2 pt 2; 2016 No. 62 ss 288, 310

Division 3 Searching vehicles without warrant

31Searching vehicles without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following—
(a)stop a vehicle;
(b)detain a vehicle and the occupants of the vehicle;
(c)search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.
(2)Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects—
(a)the vehicle is being used unlawfully; or
(b)a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006.
(3)If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it.
(4)If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle and search the vehicle at that place.
(5)The police officer may seize all or part of a thing—
(a)that may provide evidence of the commission of an offence; or
(b)that the person intends to use to cause harm to himself, herself or someone else; or
(c)if section 32(1)(b) applies, that is an antique firearm.
(6)Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5).

s 31 amd 2000 No. 22s 3 sch; 2000 No. 63s 276sch 2; 2006 No. 29s 508; 2016 No. 62 s 289

32Prescribed circumstances for searching vehicle without warrant

(1)It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—
(a)may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or
(b)may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—
(i)because of the person’s mental and physical fitness; or
(ii)because a domestic violence order has been made against the person; or
(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or
(c)may be an unlawful dangerous drug; or
(d)may be stolen property; or
(e)may be unlawfully obtained property; or
(f)may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or
(g)may be evidence of the commission of an offence against any of the following—
the Racing Act 2002
the Racing Integrity Act 2016
the Corrective Services Act 2006, section 128, 129 or 132
the Nature Conservation Act 1992; or
(h)may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or
(i)may be tainted property; or
(j)may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or
(k)may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or
(l)may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or
(m)may be something the person intends to use to cause harm to himself, herself or someone else; or
(n)may be evidence of the commission of an offence against the Penalties and Sentences Act 1992, section 161ZI.
(2)Also, the following are prescribed circumstances for searching a vehicle without a warrant—
(a)the driver or a passenger in the vehicle has committed, or is committing, an offence against the Summary Offences Act 2005, section 10C;
(b)the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

s 32 amd 2000 No. 63 s 276 sch 2; 2002 No. 6 s 39; 2006 No. 26 s 6; 2006 No. 29 s 509; 2007 No. 1 s 13; 2013 No. 45 s 55; 2016 No. 12 s 389 sch 2 pt 2; 2016 No. 48 s 8; 2016 No. 62 ss 290, 311

Division 4 Searching public places without warrant

33Searching public places without warrant

(1)It is lawful for a police officer to exercise the following powers in a public place without a search warrant—
(a)power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f);
(b)power to search the public place for anything that may be evidence of the commission of an offence;
(c)power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;
(d)power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;
(e)power to dig up land;
(f)power to open anything that is locked.
(2)However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—
(a)with the consent of the occupier of the place; or
(b)under a search warrant; or
(c)under chapter 7, part 2.
(3)If the occupier consents, the police officer may exercise search warrant powers at the place.

Part 3 Use of detection dogs without warrant

pt hdg ins 2005 No. 63s 4

amd 2013 No. 46s 77

34Definitions for pt 3

In this part—
body art tattooing business see the Tattoo Industry Act 2013, schedule 1.

def body art tattooing business ins 2013 No. 46s 78(1)

amd 2016 No. 62 s 493 sch 1 pt 2

detection dog means—
(a)a drug detection dog; or
(b)a firearms and explosives detection dog.

def detection dog ins 2013 No. 46s 78(1)

amd 2016 No. 48 s 18 sch 1

drug detection includes—
(a)walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and
(b)walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.
drug detection dog means a dog trained to detect unlawful dangerous drugs.
event means—
(a)a major event; or
(b)a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001; or
(c)a sports, recreational or entertainment event, not mentioned in paragraph (b), that is open to the public, whether on payment of a fee or not.

Example of an entertainment event for paragraph (c)—

a musical concert held at the Mt Gravatt showgrounds

def event amd 2014 No. 60s 96

explosives detection includes—
(a)walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and
(b)walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.

def explosives detection ins 2013 No. 46 s 78(1)

amd 2016 No. 48 s 18 sch 1

handler, of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990.

def handler amd 2013 No. 46s 78(2)

licensed premises ...

def licensed premises om 2014 No. 42s 103

tattoo parlour means a place at which a body art tattooing business is being conducted.

def tattoo parlour ins 2013 No. 46s 78(1)

unlawful dangerous drug
(a)means a dangerous drug mentioned in the Drugs Misuse Regulation 1987, schedule 1; and
(b)includes—
(i)Gamma hydroxybutyric acid, commonly known as GBH; and
(ii)3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.

s 34 ins 2005 No. 63s 4

35Use of detection dogs in particular places

(1)A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.
(2)A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.
(3)This section applies despite any other law.
(4)In this section—
relevant person or thing means—
(a)a person who is in a public place; or
(b)a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or
(c)a person who is about to enter, is in, or is leaving, licensed premises; or
(d)a person who is about to enter, is in, or is leaving, a tattoo parlour; or
(e)a thing in a place mentioned in paragraph (a), (b), (c) or (d), or on land associated with the place, whether or not the thing is in the physical possession of a person.

s 35 ins 2005 No. 63 s 4

amd 2013 No. 46 s 79

sub 2016 No. 48 s 9

amd 2016 No. 48 s 18 sch 1 (amdt could not be given effect)

36Police officers and detection dogs may enter and remain on particular places

(1)For carrying out drug detection under section 35(1), a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.
(2)For carrying out explosives detection under section 35(2), a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.
(3)For subsections (1) and (2), the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place.

Example of land associated with a relevant place—

land on which car parking is provided for patrons of the relevant place
(4)This section applies despite any other law.
(5)In this section—
relevant place means—
(a)a public place; or
(b)a place at which an event is being held; or
(c)licensed premises; or
(d)a tattoo parlour.

s 36 ins 2005 No. 63 s 4

amd 2013 No. 46 s 80

sub 2016 No. 48 s 9

amd 2016 No. 48 s 18 sch 1 (amdts could not be given effect)

37Reasonable suspicion may be based on indication of detection dog

(1)This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle.
(2)It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms—
(a)on the person or on, or in, a thing in the person’s physical possession; or
(b)on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or
(c)in the vehicle.

s 37 ins 2005 No. 63s 4

sub 2013 No. 46s 81

38Protection from liability for acts done by detection dogs

(1)This section applies if—
(a)the handler of a detection dog is using the detection dog to carry out detection; and
(b)the detection dog—
(i)physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or
(ii)causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.
(2)The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.
(3)The State does not incur civil liability in the circumstances to which this section applies—
(a)for an act done by the detection dog; or
(b)for an act or omission of the handler.
(4)However, if—
(a)the act of the detection dog; or
(b)the act or omission of the handler;

causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State.

(5)The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code, section 289.
(6)This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility.

Examples of other Acts that may limit civil liability or criminal responsibility—

Civil Liability Act 2003
Criminal Code, sections 25, 271, 272 and 273
Police Service Administration Act 1990, section 10.5
(7)In this section—
bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm.
detection means drug detection under section 35(1) or explosives detection under section 35(2).
handler, of a detection dog, includes a police officer helping the handler of the detection dog.

s 38 ins 2005 No. 63s 4

amd 2013 No. 46s 82

39Effect of part on use of detection dogs under search warrants

To remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant.

s 39 ins 2005 No. 63 s 4

amd 2013 No. 46 s 83; 2016 No. 48 s 18 sch 1

Part 4 Power to require name, address or age

Division 1 Powers relating to name and address

40Person may be required to state name and address

(1)A police officer may require a person to state the person’s correct name and address in prescribed circumstances.
(2)Also, the police officer may require the person to give evidence of the correctness of the stated name and address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name or address or to otherwise be able to give the evidence.
(3)A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved—
(a)for section 41(a) or (b)—to have committed the offence; or
(b)for section 41(f)—to be the person named in the warrant, summons, order or court document; or
(c)for section 41(h)—to have been involved or to be about to be involved in domestic violence or associated domestic violence; or
(d)for section 41(i) or (j)—to have been able to help in the investigation.
(4)Also, a person does not commit an offence against section 791 if—
(a)the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and
(b)no-one is proved to have committed an offence against that Act.
(5)In this section—
address means current place of residence.

s 40 amd 2000 No. 22s 3 sch; 2001 No. 20s 53; 2003 No. 49s 6; 2012 No. 5s 223; 2013 No. 45s 56; 2016 No. 62 s 312

41Prescribed circumstances for requiring name and address

The prescribed circumstances for requiring a person to state the person’s name and address are as follows—
(a)a police officer finds the person committing an offence;
(b)a police officer reasonably suspects the person has committed an offence, including an extradition offence;
(c)a police officer is about to take—
(i)the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514; or
(ii)a DNA sample from the person under a DNA sample notice or an order made under section 484, 485, 488 or 514;
(d)an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514;
(e)a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;
(f)a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person—
(i)a forensic procedure order or registered corresponding forensic procedure order; or
(ii)a summons; or
(iii)another court document;
(g)a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section;
(h)a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;
(i)a police officer reasonably suspects the person may be able to help in the investigation of—
(i)domestic violence or associated domestic violence; or
(ii)a relevant vehicle incident;
(j)a police officer reasonably suspects the person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened;
(k)the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60;
(l)under chapter 17, a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;
(m)a police officer is detaining a person for transport or admission to a sober safe centre, or a person has been admitted to, and is in custody at, a sober safe centre under chapter 14, part 5, division 2;
(n)a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19, part 5A;
(o)a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982
(i) a public safety order;
(ii)a restricted premises order;
(iii)a fortification removal order;
(p)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

s 41 prev s 41 om 2006 No. 26s 12

pres s 41 amd 2000 No. 22s 5; 2003 No. 49s 7; 2006 No. 26s 7; 2012 No. 5s 223; 2013 No. 45s 57; 2014 No. 42s 104; 2016 No. 62 s 313

41APower to require identifying particulars of person for official warning for consorting

(1)This section applies if—
(a)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and
(b)the police officer has required the person, under section 40(2), to give evidence of the correctness of the person’s stated name and address; and
(c)the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location.

Example of another convenient location—

the person’s vehicle, containing the person’s driver’s licence, parked nearby
(2)The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person.
(3)The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person.
(4)A person does not commit an offence against section 791 if—
(a)the person was required to do something under subsection (2); and
(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 41A ins 2016 No. 62 s 314

Division 2 Powers relating to age

42Power for age-related offences and for particular motor vehicle related purposes

(1)This section applies if—
(a)a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or
(b)a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or
(c)the person’s age is relevant to any of the following—
(i)giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4;
(ii)giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;
(iii)the making of an application for an impounding order or a forfeiture order under chapter 4;
(iv)the making of an application under section 589 for a noise abatement order;
(v)deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction);
(vi)deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 26VC;
(vii)detaining a person for transport or admission to a sober safe centre under chapter 14, part 5, division 2;
(viii)giving a person a police banning notice under chapter 19, part 5A.

Examples for subsection (1)—

1The age of a person is relevant to a person’s entitlement to be on licensed premises.
2The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.
(2)A police officer may require a person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.
(3)Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.
(4)If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person—
(a)to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or
(b)not to engage in the activity.

Example for subsection (4)—

The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if—
(a)the person fails to provide evidence of the stated date of birth; or
(b)the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.
(5)A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state his or her correct date of birth for a reason mentioned in subsection (1)(c)(v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction.
(6)A person in a motor vehicle does not commit an offence against section 791 if the person was required to state his or her correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 26VC, and the other person is not proved to have contravened the section.

s 42 amd 2005 No. 64s 4; 2007 No. 27s 9; 2009 No. 44s 144; 2013 No. 45s 58; 2013 No. 15s 80 sch; 2014 No. 42s 105; 2016 No. 62 s 493 sch 1 pt 2

43Unlawful supply of smoking products to minors

(1)This section applies if a police officer—
(a)either—
(i)observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or
(ii)reasonably suspects a person has just been supplied a smoking product; and
(b)reasonably suspects the person is under 18 years.
(2)A police officer may—
(a)ask the person to show acceptable evidence of age of the person; and
(b)require the person to produce the thing supplied to the person.
(3)The police officer may seize the smoking product if—
(a)the person either—
(i)refuses, or is unable, to comply with the request; or
(ii)shows acceptable evidence of age of the person showing the person is under 18 years; and
(b)the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998.
(4)In this section—
acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, section 6.
smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, schedule.

s 43 amd 2001 No. 20s 54; 2007 No. 1s 14; 2016 No. 62 s 493 sch 1 pt 1

43AUnlawful sale of spray paint to minors

(1)This section applies if a police officer—
(a)either—
(i)observes a person being sold a thing the police officer reasonably suspects is spray paint; or
(ii)reasonably suspects a person has just been sold spray paint; and
(b)reasonably suspects the person is under 18 years.
(2)A police officer may—
(a)ask the person to show acceptable evidence of age of the person; and
(b)require the person to produce the thing sold to the person.
(3)The police officer may seize the spray paint if—
(a)the person either—
(i)refuses, or is unable, to show acceptable evidence of the person’s age; or
(ii)shows acceptable evidence of age of the person showing the person is under 18 years; and
(b)the police officer reasonably suspects the spray paint is evidence of an offence against the Summary Offences Act 2005, section 23B or 23C.
(4)In this section—
acceptable evidence of age has the meaning given under the Summary Offences Act 2005, section 23B.
spray paint has the meaning given under the Summary Offences Act 2005, schedule 2.

s 43A ins 2007 No. 1s 15

43BPower to require date of birth of person for official warning for consorting

(1)This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.
(2)The police officer may require the person to state the person’s correct date of birth, whether or not when requiring the person to state the person’s correct name and address.
(3)Also, the police officer may require the person to give evidence of the correctness of the stated date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.
(4)A person does not commit an offence against section 791 if—
(a)the person was required to do something under subsection (2) or (3); and
(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 43B ins 2016 No. 62 s 315

Part 5 Directions to move on

pt hdg amd 2006 No. 26s 3sch 1

44Application of pt 5

This part applies in relation to the following places (regulated places)—
(a)public places, including a public place in a safe night precinct;
(b)prescribed places that are not also public places.

s 44 ins 2006 No. 26s 8

amd 2014 No. 42s 106

45Part does not apply to authorised public assemblies

This part does not apply to an authorised public assembly under the Peaceful Assembly Act 1992.

s 45 amd 2003 No. 19s 3 sch

46When power applies to behaviour

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been—
(a)causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or
(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or
(c)disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or
(d)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.
(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.
(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in any public place located in the safe night precinct.
(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.
(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a), (c) and (d).
(5)This part also applies to a person in a regulated place if a police officer reasonably suspects that, because of the person’s behaviour, the person is soliciting for prostitution.
(6)For this part, the person’s behaviour is a relevant act.

s 46 amd 2006 No. 26s 9; 2014 No. 42s 107

47When power applies to a person’s presence

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s presence is or has been—
(a)causing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or
(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or
(c)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.
(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in the part of the public place at or near where the person then is.
(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in any public place located in the safe night precinct.
(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s presence.
(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a) and (c).
(5)For this part, the person’s presence is a relevant act.

s 47 amd 2006 No. 26s 10; 2014 No. 42s 108

48Direction may be given to person

(1)A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.

Examples for subsection (1)—

1If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.
2If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.
3If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
(2)However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—
(a)public safety; or
(b)public order; or
(c)the protection of the rights and freedoms of other persons.

Examples of rights and freedoms for subsection (2)(c)—

1the rights and freedoms of the public to enjoy the place
2the rights of persons to carry on lawful business in or in association with the place
(3)Without limiting subsection (1), a direction may require a person to do 1 of the following—
(a)leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
(b)leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
(c)move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
(4)The police officer must tell the person or group of persons the reasons for giving the direction.

s 48 amd 2006 No. 26s 11

49Review

(1)The CCC must review the use by police officers of powers under this part and prepare a report on the review.
(2)The review must be started as soon as practicable after 31 December 2007.
(3)The conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001.
(4)In the course of preparing the report, the CCC must consult with the Minister.
(5)The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.

s 49 sub 2006 No. 26s 12

amd 2014 No. 21s 94(2)sch 2

Part 6 Breaches of the peace, riots and prevention of offences

pt hdg orig ch 2 pt 6 hdg om 2005 No. 64s 3 sch

pt 6 div 1 hdg orig ch 2 pt 6 div 1 hdg om 2005 No. 64s 3 sch

pt 6 div 2 hdg orig ch 2 pt 6 div 2 hdg ins 2002 No. 33 s 6

om 2005 No. 64 s 7

pt 6 div 3 hdg orig ch 2 pt 6 div 3 hdg sub 2002 No. 33 s 4

(prev div 2 hdg) renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

pt 6 div 4 hdg orig ch 2 pt 6 div 4 hdg (prev div 2A hdg) renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

pt 6 div 5 hdg orig ch 2 pt 6 div 5 hdg (prev div 3 hdg) renum 2002 No. 33 s 5

om 2005 No. 64 s 3 sch

50Dealing with breach of the peace

(1)This section applies if a police officer reasonably suspects—
(a)a breach of the peace is happening or has happened; or
(b)there is an imminent likelihood of a breach of the peace; or
(c)there is a threatened breach of the peace.
(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.

Examples for subsection (2)—

1The police officer may detain a person until the need for the detention no longer exists.
2A person who pushes in to the front of a queue may be directed to go to the end of the queue.
3Property that may be used in or for breaching the peace may be seized to prevent the breach.
(3)It is lawful for a police officer—
(a)to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code, section 260; and
(b)to detain the person in custody for a reasonable time.

51Prevention of riot

(1)It is lawful for a police officer to take the steps the police officer reasonably believes are necessary to suppress a riot.
(2)It is lawful for a police officer, acting under reasonable orders given by a justice for suppressing a riot, to suppress a riot.

52Prevention of offences—general

(1)This section applies if a police officer reasonably suspects an offence has been committed, is being committed, or is about to be committed.
(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence.

Example of preventing the commission of an offence—

A police officer who reasonably suspects the way a person in the vicinity of a prisoner is acting threatens or is likely to threaten the security of the prisoner or the security or good order of the place where the prisoner is detained may require the person to leave the vicinity of the prisoner or the place of detention.

Examples of continuation of an offence—

1A police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person.
2A police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.

s 52 amd 2002 No. 47s 87

53Prevention of particular offences relating to liquor

(1)Subsection (2) applies if—
(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place—
(i)Liquor Act 1992, section 157(2), 164, 168B, 168C or 173B;
(ii)Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38(2)(d) or (3)(d) or (e); and
(b)the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.
(2)The police officer may seize—
(a)the opened container and its contents; and
(b)any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.
(2A)Also, if—
(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992, section 156(2) at a place; and
(b)the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;

the police officer may seize the liquor, including any container of the liquor.

(3)A police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.

Example for subsection (3)—

The police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1).
(4)If the police officer exercises the power under subsection (2) or subsection (2A)—
(a)the thing is taken to have been forfeited to the State immediately after the officer seized it; and
(b)chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the thing.
(5)For this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.
(6)In this section—
liquor means—
(a)liquor, as defined in the Liquor Act 1992, section 4B; or
(b)methylated spirits.
opened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.

s 53 ins 2002 No. 47s 88

amd 2002 No. 47s 89; 2003 No. 92s 4; 2004 No. 38s 26; 2004 No. 37s 86sch 1; 2007 No. 1s 11sch 1; 2007 No. 59s 152 sch; 2008 No. 30s 46; 2008 No. 48s 57

53ASeizure of liquor from a minor in particular circumstances

(1)This section applies if a police officer—
(a)is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and
(b)finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and
(c)reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.
(2)The police may seize the liquor, including any container of the liquor, (the seized thing) and dispose of it in the way the police officer considers reasonably necessary.
(3)For subsection (2), the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.
(4)For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992, section 156A
(a)whether or not a person is a minor;
(b)whether or not a minor is being responsibly supervised;
(c)whether or not an adult is a responsible adult for a minor.
(5)If the police officer exercises the power under subsection (2) to seize a thing—
(a)the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and
(b)chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the seized thing.
(6)In this section—
liquor has the same meaning as it has in section 53.

s 53A ins 2008 No. 48s 58

53BEntry powers for vehicles referred to in ss 53 and 53A

If a place where a police officer is exercising a power under section 53 or section 53A is outside a vehicle that is not being used as a dwelling, the police officer’s powers for the section include the power to enter the vehicle to exercise a power under the section within the vehicle.

s 53B ins 2008 No. 48s 58

Part 6A Prevention of criminal consorting

Note—

See the following provisions for related police powers—
section 30(i) (Prescribed circumstances for searching persons without warrant)
section 32(2)(b) (Prescribed circumstances for searching vehicle without warrant)
section 41(p) (Prescribed circumstances for requiring name and address)
section 41A (Power to require identifying particulars of person for official warning for consorting)
section 43B (Power to require date of birth of person for official warning for consorting)
section 60(3)(k) (Stopping vehicles for prescribed purposes)

pt hdg ins 2016 No. 62 s 316

53BAA Definitions for part

In this part—
consort
(a)has the meaning given by the Criminal Code, section 77A; and
(b)does not include an act of consorting mentioned in the Criminal Code, section 77C that is reasonable in the circumstances.
offence of habitually consorting means an offence against the Criminal Code, section 77B.
official warning, for consorting, means a warning given in person, whether orally or in writing, that—
(a)a stated person is a recognised offender; and
(b)consorting with the stated person on a further occasion may lead to the commission of the offence of habitually consorting.
recognised offender means a recognised offender who is at least 18 years.

s 53BAA ins 2016 No. 62 s 316

53BAB Part does not apply to child

An official warning may not be given to a child.

s 53BAB ins 2016 No. 62 s 316

53BAC Police powers for giving official warning for consorting

(1)This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.
(2)The police officer may stop the person and require the person to remain at the place where the person is stopped for the time reasonably necessary for the police officer to do any or all of the following—
(a)confirm or deny the police officer’s suspicion, including, for example, by exercising a power under section 40 or 43B;
(b)give the person an official warning for consorting;
(c)if the official warning is given orally—confirm under subsection (5) the official warning.

Note—

Failure to comply with a requirement given under this subsection is an offence against section 791.
(3)However, before giving an official warning under subsection (2)(b), the police officer must consider whether it is appropriate to give the warning having regard to the object of disrupting and preventing criminal activity by deterring recognised offenders from establishing, maintaining or expanding a criminal network.
(4)If an official warning for consorting is given in writing, the warning must be in the approved form.
(5)If an official warning for consorting is given orally, the police officer must, within 72 hours after giving the warning orally, confirm the warning by giving it, in the approved form, to the person in the prescribed way.
(6)Unless the contrary is proved—
(a)an approved form given by post is taken to have been received by the person to whom the form was addressed when the form would have been delivered in the ordinary course of post; and
(b)an approved form given by electronic means is taken to have been received by the person to whom the form was sent on the day the form was sent to the electronic address nominated by the person to a police officer.
(7)If practicable, the giving of an official warning under subsection (2)(b) must be electronically recorded.
(8)To remove any doubt, it is declared that—
(a)an official warning for consorting may be given to a person in relation to a recognised offender before, during or after the person has consorted with the recognised offender; and
(b)a failure to comply with subsection (3) does not affect the validity of an official warning for consorting.
(9)In this section—
criminal activity means the commission of a relevant offence under the Criminal Code, section 77.
electronic address includes an email address and a mobile phone number.
electronic means includes by email, multimedia message and SMS message.
prescribed way, for giving an approved form to a person, means—
(a)delivering the form to the person personally; or
(b)sending the form by electronic means to the electronic address nominated by the person to a police officer; or
(c)sending the form by post or certified mail to the person at the last known or usual place of residence or business of the person or the last known or usual postal address of the person.
recognised offender includes a person who a police officer reasonably suspects is a recognised offender.

Example of when a police officer might reasonably suspect a person is a recognised offender—

A police officer reasonably suspects a person has been convicted of an indictable offence. The police officer is unable to confirm the nature of the indictable offence, or whether the conviction is spent, due to the unavailability of the person’s complete criminal history or the application of the Criminal Law (Rehabilitation of Offenders) Act 1986. However, the police officer reasonably suspects the person is a recognised offender.
SMS message means a text message sent using the mobile phone service known as the short messaging service.

s 53BAC ins 2016 No. 62 s 316

53BAD Effect of official warning for consorting

(1)An official warning for consorting given in relation to a stated person who is a recognised offender has effect until the stated person stops being a recognised offender.
(2)However, if an official warning for consorting is given orally, and the warning is not confirmed under section 53BAC(5), the official warning stops having effect 72 hours after it is given.
(3)Also, if an official warning for consorting is given in relation to a stated person who is not a recognised offender, the official warning stops having effect 24 hours after it is given.
(4)A person does not commit an offence against section 791 if—
(a)the person was required to do something under section 53BAC(2); and
(b)the court is not satisfied the police officer, at the time of making the requirement, had the suspicion mentioned in section 53BAC(1).

s 53BAD ins 2016 No. 62 s 316

53BAE Prevention of consorting with recognised offender

(1)This section applies if—
(a)a police officer has given a person at a place an official warning for consorting; and
(b)the police officer reasonably suspects the person is consorting at the place with the person stated in the official warning.
(2)The police officer may require the person to leave the place and not return or be within the place within a stated reasonable time of not more than 24 hours.

Note—

Failure to comply with a requirement given under this subsection is an offence against section 791.
(3)However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or someone else.

Example of requirement to leave place that may endanger safety—

a requirement for a person to leave a vehicle in which recognised offenders are passengers in circumstances in which the person has no access to other transport
(4)A person does not commit an offence against section 791 if—
(a)the person was required to leave a place under subsection (2); and
(b)the court is not satisfied the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

s 53BAE ins 2016 No. 62 s 316

Part 7 Out-of-control events

pt hdg ins 2014 No. 1s 4

Division 1 Preliminary

div hdg ins 2014 No. 1s 4

Subdivision 1 Application of pt 7

sdiv 1 (s 53BA) ins 2014 No. 1s 4

53BAAdditional powers

The powers a police officer has under this part are additional to, and are not limited by, the powers a police officer otherwise has under this Act or another Act.

sdiv 1 (s 53BA) ins 2014 No. 1s 4

Subdivision 2 Key definitions

sdiv hdg ins 2014 No. 1s 4

53BBWhat is an out-of-control event

(1)An event becomes an out-of-control event if—
(a)12 or more persons are gathered together at a place (an event); and
(b)3 or more persons associated with the event engage in out-of-control conduct at or near the event; and
(c)the out-of-control conduct would cause a person at or near the event—
(i)to reasonably fear violence to a person or damage to property; or
(ii)to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
(2)However, each of the following is not an out-of-control event—
(a)a licensed event;
(b)a major event;
(c)an event that is primarily for the purposes of political advocacy, protest or industrial action;
(d)an authorised public assembly under the Peaceful Assembly Act 1992, section 7;
(e)any event held at a major sports facility under the Major Sports Facilities Act 2001, section 4;
(f)an event prescribed by regulation.
(3)For applying subsection (1), it is immaterial whether there is or is likely to be a person who—
(a)fears the things mentioned in subsection (1)(c)(i); or
(b)suffers in the way mentioned in subsection (1)(c)(ii).

s 53BB ins 2014 No. 1s 4

amd 2014 No. 60s 97

53BCWhat is out-of-control conduct

The following conduct is out-of-control conduct
(a)unlawfully entering, or remaining in, a place or threatening to enter a place;
(b)behaving in a disorderly, offensive, threatening or violent way;

Examples for paragraph (b)—

using offensive, obscene, indecent, abusive or threatening language
taking part in a fight
(c)unlawfully assaulting, or threatening to assault, a person;
(d)unlawfully destroying or damaging, or threatening to destroy or damage, property;
(e)wilfully exposing a person’s genitals or doing an indecent act;
(f)causing or contributing to the emission of excessive noise mentioned in section 576(1);
(g)driving a motor vehicle in a way that causes a burn out within the meaning of section 69;
(h)unlawfully lighting fires or using fireworks;
(i)throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of a person;
(j)unreasonably obstructing the path of a vehicle or pedestrian;
(k)littering in a way that causes, or is likely to cause, harm to a person, property or the environment;
(l)being intoxicated in a public place;
(m)conduct that would contravene the Liquor Act 1992, part 6;
(n)conduct that would contravene the Drugs Misuse Act 1986, part 2.

s 53BC ins 2014 No. 1s 4

amd 2014 No. 42s 109

53BDOther definitions for pt 7

In this part—
associated, with an event, means a person who—
(a)is at the event; or
(b)is near the event and is reasonably suspected by a police officer of either—
(i)intending to go to the event, whether or not the person was invited to attend the event; or
(ii)leaving the event.
commissioner’s reasonable costs means the reasonable costs of the commissioner for lawful action taken by the police service under this part, including costs for ending an event or dispersing persons from the event.
event see section 53BB(1)(a).
event authorisation see section 53BE(1).
licensed event means an event held at premises to which any 1 of the following licenses or permits under the Liquor Act 1992 applies—
(a)a commercial hotel licence;
(b)a commercial special facility licence;
(c)a commercial other licence;
(d)a community club licence;
(e)a commercial public event permit;
(f)an extended hours permit;
(g)an adult entertainment permit.
organise, an event, means being substantially involved in arranging, hosting, managing, advertising or promoting the event.
out-of-control event power means a power, under section 53BG, for a police officer to take action for an event.
parent includes a guardian other than the chief executive (child safety).
senior police officer means a police officer of at least the rank of sergeant.

s 53BD ins 2014 No. 1s 4

Division 2 Powers for out-of-control events

div hdg ins 2014 No. 1s 4

Subdivision 1 Authorisation for using powers

sdiv 1 (s 53BE) ins 2014 No. 1s 4

53BEAuthorisation by senior police officer

(1)A senior police officer may authorise the use of out-of-control event powers (an event authorisation) in relation to an event if the police officer reasonably believes—
(a)the event is an out-of-control event; or
(b)the event is likely to become an out-of-control event.
(2)The event authorisation must be written and state the following—
(a)the date and time the authorisation is given;
(b)the location of the event;
(c)the circumstances that led the senior police officer to authorise using the out-of-control event powers in relation to the event;
(d)the restrictions, if any, on using the out-of-control event powers in relation to the event.
(3)However, the event authorisation is not invalid merely because it is not in writing if the senior police officer makes a written record as required under subsection (2) at the first reasonable opportunity after a police officer exercises an out-of-control event power under the authorisation.
(4)The event authorisation has effect for 24 hours or a lesser period decided, after the authorisation is given, by—
(a)the senior police officer who gave the authorisation; or
(b)another senior police officer.

sdiv 1 (s 53BE) ins 2014 No. 1s 4

Subdivision 2 Using powers

sdiv 2 (ss 53BF–53BG) ins 2014 No. 1s 4

53BFUse of powers only if authorised

A police officer may take action under this subdivision only if—
(a)an event authorisation is given in relation to an event; and
(b)the officer acts in accordance with the event authorisation.

sdiv 2 (ss 53BF–53BG) ins 2014 No. 1s 4

53BGTaking action for out-of-control event

(1)A police officer has the powers under subsection (2) for 1 or more of the following purposes in relation to an event—
(a)preventing the event becoming an out-of-control event;
(b)if the event is an out-of-control event, stopping the event from continuing or starting in another location;
(c)dispersing persons associated with the event;
(d)minimising the impact of the event on public order or safety;
(e)identifying a person organising the event;
(f)identifying a person committing an offence under division 3.
(2)For the purposes mentioned in subsection (1), a police officer may exercise any 1 or more of the following powers—
(a)stop a vehicle or enter a place without a warrant;
(b)give a person or group of persons a direction to—
(i)stop any conduct; or
(ii)immediately leave a place; or
(iii)not return to a place within a stated period of not more than 24 hours, unless the person or group resides at the place; or
(c)take any other steps the police officer considers reasonably necessary.

sdiv 2 (ss 53BF–53BG) ins 2014 No. 1s 4

Division 3 Offences and costs orders

div hdg ins 2014 No. 1s 4

Subdivision 1 Offences

sdiv 1 (ss 53BH–53BJ) ins 2014 No. 1s 4

53BHOrganising an out-of-control event

(1)A person commits an offence if—
(a)the person organises an event; and
(b)the event becomes an out-of-control event.

Maximum penalty—

(a)if the event is held at a place where the person does not reside or for which the person does not have lawful authority to use—165 penalty units or 3 years imprisonment; or
(b)otherwise—110 penalty units or 1 year’s imprisonment.

(2)If the person organising the event is a child, the parent of the child is instead liable for the offence if the parent gave the child permission to organise the event.
(3)In a proceeding for an offence under this section, it is a defence for a person to prove that the person took reasonable steps to prevent the event becoming an out-of-control event.

Examples of taking reasonable steps—

hiring an appropriate number of security officers for the event
ending the event as soon as possible after persons who are not invited to the event enter the place where the event is being held

sdiv 1 (ss 53BH–53BJ) ins 2014 No. 1s 4

53BICausing an out-of-control event

(1)A person commits an offence if the person—
(a)has been refused entry to an event; and
(b)engages in out-of-control conduct near the event; and
(c)as a result of the person’s conduct, the event becomes an out-of-control event.

Maximum penalty—110 penalty units or 1 year’s imprisonment.

(2)A person may be liable for an offence against subsection (1) even if another person’s conduct contributed to the event becoming an out-of-control event.

sdiv 1 (ss 53BH–53BJ) ins 2014 No. 1s 4

53BJOffence to contravene direction

A person must not, without reasonable excuse, contravene a direction given by a police officer under section 53BG(2).

Maximum penalty—

(a)if the person contravenes the direction by doing any of the following—
(i)unlawfully assaulting, or threatening to assault, another person;
(ii)unlawfully destroying or damaging, or threatening to destroy or damage, property;
(iii)throwing, releasing or placing a thing in a way that endangers, or is likely to endanger, the life, health or safety of another person;
165penalty units or 3 years imprisonment; or
(b)otherwise—110 penalty units or 1 year’s imprisonment.

sdiv 1 (ss 53BH–53BJ) ins 2014 No. 1s 4

Subdivision 2 Costs orders

sdiv 2 (ss 53BK–53BN) ins 2014 No. 1s 4

53BKCosts order—adult

(1)This section applies if a person, other than a child, is found guilty by a court of an offence under subdivision 1 in relation to an event.
(2)The court may, on its own initiative or an application by the commissioner, order the person to pay some or all of the commissioner’s reasonable costs in relation to the event.
(3)An order made under subsection (2) is taken to be an order for compensation under the Penalties and Sentences Act 1992, part 3, division 4, payable to the State.

sdiv 2 (ss 53BK–53BN) ins 2014 No. 1s 4

53BLCosts order—child

(1)This section applies if a child is found guilty by a court of an offence under subdivision 1 in relation to an event.
(2)The court may, on its own initiative or an application by the commissioner, consider whether the child has the capacity to pay the commissioner’s reasonable costs in relation to the event.
(3)If the court considers the child has the capacity to pay the commissioner’s reasonable costs, the court may order the child to pay some or all of the costs.
(4)An order made by the court under this section is taken to be an order under the Youth Justice Act 1992, section 310, payable to the State.

sdiv 2 (ss 53BK–53BN) ins 2014 No. 1s 4

53BMCosts order—parent of child offender

(1)This section applies if—
(a)a court considers the matters mentioned in section 53BL(2); and
(b)decides under the section that a child does not have the capacity to pay the commissioner’s reasonable costs.
(2)The court may, on its own initiative or an application by the commissioner, decide to call on the child’s parent to show cause why the parent should not pay the commissioner’s reasonable costs in relation to the event.
(3)If the court decides to call on the child’s parent to show cause—
(a)notice must be given to the parent in the way required under the Youth Justice Act 1992, section 258(4) to (8); and
(b)the show cause hearing must be conducted in the way required under the Youth Justice Act 1992, section 259(1) to (4); and
(c)the Youth Justice Act 1992, section 259(5) applies as if the reference to ‘section 258(1)(a), (b) and (c)’ were a reference to subsection (5)(a) and (b); and
(d)the Youth Justice Act 1992, section 259(6) to (12) applies to the court’s decision and orders.
(4)For applying subsection (3)—
(a)a reference to compensation in the Youth Justice Act 1992, sections 258 and 259 is taken to be a reference to the commissioner’s reasonable costs; and
(b)a reference to the prosecution in the Youth Justice Act 1992, sections 258 and 259 is taken to be a reference to the commissioner.
(5)For subsection (3)(c), the matters are—
(a)the parent contributed to the fact the offence happened by not adequately supervising the child; and
(b)it is reasonable the parent pay some or all of the commissioner’s reasonable costs.
(6)The Youth Justice Act 1992, section 260 applies to the commissioner’s reasonable costs ordered to be paid under subsection (5) as if it were an order for compensation to be paid to the State under the Youth Justice Act 1992, section 259.

sdiv 2 (ss 53BK–53BN) ins 2014 No. 1s 4

53BNCosts orders and other sentencing

(1)A court may make an order under this subdivision in addition to any other sentence to which a person, including a child, is liable.
(2)To remove any doubt, it is declared that sections 53BL and 53BM apply in addition to the Youth Justice Act 1992, part 7.

sdiv 2 (ss 53BK–53BN) ins 2014 No. 1s 4

Chapter 3 Powers relating to vehicles and traffic

ch hdg ins 2005 No. 64s 3 sch

53CApplication of corresponding HVNL(Q) penalty amounts

(1)This section applies to a penalty for an offence against a provision of this chapter (the relevant PP&R provision) if the penalty provides for an amount of penalty to be the corresponding HVNL(Q) penalty amount.
(2)For the relevant PP&R provision, the corresponding HVNL(Q) penalty amount is the same dollar amount that, when the offence is committed, is the amount of penalty applying for an offence against the relevant PP&R provision’s corresponding HVNL(Q) provision.

Note—

If the amount of penalty applying for an offence against a corresponding HVNL(Q) provision is increased under section 737 of the Heavy Vehicle National Law (Queensland), the Regulator under the Law is required under that section to publish the new amount on the Regulator’s website.
(3)For a provision of this Act listed in column 1 of the following table, the corresponding HVNL(Q) provision is the provision of the Heavy Vehicle National Law (Queensland) listed in column 2 of the table.

Table

Column 1

Column 2

Provision of this Act that is a relevant PP&R provision

Provision of Heavy Vehicle National Law (Queensland) that is the corresponding HVNL(Q) provision

section 60(2)

section 513(4)

section 61(4)

section 516(3)

section 62(2)

section 514(3)

section 65(3)

section 522(5)

section 66(3)

section 529

section 66(5)

section 526(4)

section 66(6)

section 528(3)

section 68(3)

section 577(4)

s 53C ins 2013 No. 26s 20

54Power of inquiry into road use contraventions

(1)It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed.
(2)Also, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed.

s 54 amd 2013 No. 26s 21

55Power to require information about identity of drivers of vehicles etc.

(1)This section applies if a person alleges to a police officer or a police officer reasonably suspects a contravention of the Road Use Management Act or the Heavy Vehicle National Law (Queensland) involving a vehicle or tram has been committed.
(2)A police officer may require any of the following to give to the police officer information that will identify or help identify the person who was in control of the vehicle or tram when the contravention happened—
(a)an owner of the vehicle or tram;
(b)a person in possession of the vehicle or tram;
(c)a person in whose name the vehicle is registered;
(d)a person who may reasonably be expected to be able to give the information.
(3)Also, a police officer may require the driver of the vehicle or tram to give to the police officer information about the identity of the owner of the vehicle or tram.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).

s 55 amd 2005 No. 64s 3 sch; 2007 No. 1s 11sch 1; 2013 No. 26s 22

56Additional power of inquiry for relevant vehicle incidents

(1)It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination or test—
(a)to obtain information about a vehicle, train, tram, animal or other property involved in a relevant vehicle incident; or
(b)to obtain information about the cause of a relevant vehicle incident and the circumstances in which it happened.
(2)Also, it is lawful for a police officer to make any reasonably necessary inquiry or investigation to obtain information about a person involved in a relevant vehicle incident.
(3)For subsection (1) or (2), a police officer may require a person to answer any question put to the person by the police officer or provide information relevant to the incident.
(4)A person who is required by a police officer to provide information relevant to the incident must not provide any information the person knows to be false.

Maximum penalty for subsection (4)—40 penalty units or 6 months imprisonment.

57Power of entry for ss 5456

(1)For sections 54 to 56, a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry.
(2)However, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

58Production of driver licence

(1)This section applies if a police officer—
(a)finds a person committing an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or
(b)reasonably suspects a person has committed an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or
(c)is making inquiries or investigations for establishing whether or not a person has committed an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or
(d)reasonably suspects a person who was present at the scene of a relevant vehicle incident may be able to give information or evidence about the incident; or
(e)reasonably considers it is necessary for enforcing the Road Use Management Act in relation to a heavy vehicle or for enforcing the Heavy Vehicle National Law (Queensland).
(2)The police officer may require the person to produce the person’s driver licence for inspection.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).
(3)A person who holds an open driver licence issued under the Road Use Management Act but is unable to comply with the requirement immediately may comply with the requirement by producing the licence to the officer in charge of a nominated police establishment or police station within 48 hours after the requirement is made.
(4)The place nominated under subsection (3) must be reasonable in the circumstances.
(5)Subsection (3) does not apply to a person in control of a heavy vehicle.

s 58 amd 2006 No. 26s 3sch 1; 2013 No. 26s 23

59Power for regulating vehicular and pedestrian traffic

(1)A police officer may give to a driver of a vehicle or to a pedestrian on or about to enter a road, or to a passenger in a vehicle, any direction the police officer reasonably considers necessary for the safe and effective regulation of traffic on the road.
(2)Also, if an emergency exists, a police officer may give to a driver of or passenger in a train any direction the police officer reasonably considers necessary.
(3)Without limiting subsection (1), a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct traffic and pedestrians.

Examples for subsection (3)—

1a siege where firearms are being discharged and members of the public may be hurt
2a serious or fatal road accident requiring treatment of injured persons, removal of bodies, wreckage to be cleared or evidence to be gathered for investigating the cause of the accident
(4)A direction under subsection (1) may include a direction to the owner or driver of a parked vehicle to move the vehicle as soon as practicable.

s 59 amd 2005 No. 64s 5; 2006 No. 26s 13

59AA[Repealed]

s 59AA ins 2003 No. 92s 5

om 2005 No. 64s 7

59HA[Repealed]

s 59HA ins 2003 No. 92s 8

om 2005 No. 64s 7

59IA[Repealed]

s 59IA ins 2003 No. 92s 8

om 2005 No. 64s 7

60Stopping vehicles for prescribed purposes

(1)A police officer may require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.
(2)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or
(b)for a heavy vehicle, if the purpose for stopping the vehicle is HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.
(c)otherwise—90 penalty units.

Example of a reasonable excuse for subsection (2)—

It is a reasonable excuse for a person not to comply with a requirement if—
(a)the person reasonably believes that to immediately comply would endanger the person or someone else; and
(b)the person complies with the requirement at the first reasonable opportunity.
(3)The prescribed purposes are as follows—
(a)for enforcing a transport Act or the Heavy Vehicle National Law (Queensland);
(b)to check whether the vehicle complies, or the person is complying, with a transport Act or the Heavy Vehicle National Law (Queensland);
(c)for monitoring or enforcing a liquor provision;
(d)for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;
(e)to conduct a breath test or saliva test;
(f)to investigate the emission of excessive noise from—
(i)a motor vehicle on a road or in a public place; or
(ii)a motorbike being driven on a place other than a road;
(g)to give a noise abatement direction to the person responsible for the emission of excessive noise from—
(i)a motor vehicle on a road or in a public place; or
(ii)a motorbike being driven on a place other than a road;

Note—

For the power to give noise abatement directions, see section 581.
(h)to impound or immobilise a motor vehicle under chapter 4;
(i)for enforcing the Tobacco and Other Smoking Products Act 1998, section 26VC;
(j)to give the person any of the following under the Peace and Good Behaviour Act 1982
(i)a public safety order;
(ii)a restricted premises order;
(iii)a fortification removal order;
(k) to give a person, under section 53BAC, an official warning for consorting.
(4)For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the officer reasonably suspects the exercise of the power may be effective for the purpose—
(a)enter the vehicle and remain in it for the time reasonably necessary for the purpose;
(b)search the vehicle and anything in it;
(c)inspect, measure, test, photograph or film the vehicle or anything in it;
(d)take samples of anything in or on the vehicle;
(e)seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;
(f)copy a document in the vehicle;
(g)move the vehicle’s load.
(5)For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose.

Examples for subsection (5)—

1The police officer may hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva.
2The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.
(6)In this section—
excessive noise means excessive noise mentioned in section 576(1) and to which chapter 19, part 3 applies.
in, for a vehicle, includes on the vehicle.
liquor provision means any of the following provisions—
(a)the Liquor Act 1992, section 168B, 168C, 169 or 171;
(b)the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38.
monitor, a liquor provision, means check whether the provision is being complied with.

s 60 amd 2002 No. 47 ss 90, 91; 2004 No. 53s 2 sch; 2004 No. 38s 27; 2004 No. 37s 86sch 1; 2005 No. 64s 6; 2006 No. 26s 14; 2007 No. 1s 11sch 1; 2007 No. 6s 6; 2007 No. 59s 152 sch; 2008 No. 30s 47; 2009 No. 44s 145; 2013 No. 45s 59; 2013 No. 15s 80 sch; 2013 No. 26s 24; 2016 No. 62 ss 317, 493 sch 1 pt 2

61Power to require vehicles to be moved

(1)This section applies to a vehicle that is stationary or has been stopped under section 60.
(2)To enable a police officer to exercise a power for a prescribed purpose, the police officer may require the person in control of the vehicle to move the vehicle to a stated reasonable place.

Example for subsection (2)—

The officer may require the person to move the vehicle onto a weighing or testing device.
(3)However, the place must be—
(a)for a private vehicle—within a 5km radius from where the vehicle was stationary or stopped; or
(b)for another vehicle—within a 30km radius from—
(i)where the vehicle was stationary or stopped; or
(ii)if the requirement is given within the course of the vehicle’s journey—any point along the forward route of the journey.
(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or
(b)for a heavy vehicle, if the power to be exercised by the police officer as mentioned in subsection (2) is for HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.
(c)otherwise—90 penalty units.

(5)For a vehicle, other than a private vehicle, if the person does not comply with the requirement, the police officer may move the vehicle to the required place.
(6)However, if the vehicle is an aircraft or boat, the police officer may move the vehicle only if the officer has the necessary qualification, or has received appropriate training, to control the vehicle.

s 61 amd 2002 No. 47s 92; 2013 No. 26s 25

62Requirement to remain at a place

(1)This section applies if the person in control of a vehicle is required—
(a)to stop the vehicle under section 60; or
(b)to move the vehicle to a place under section 61.
(2)The person must ensure the vehicle remains at the place where it is stopped or moved to, for the time reasonably necessary to enable the police officer to perform a function or exercise a power under those sections.

Maximum penalty—

(a)for a heavy vehicle, if the function to be performed or power to be exercised by the police officer is for HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.
(b)otherwise—60 penalty units.

s 62 prev s 62 om 2005 No. 64s 3 sch

pres s 62 amd 2002 No. 47s 93; 2013 No. 26s 26

63Power to inspect vehicles

(1)This section applies to a motor vehicle that—
(a)is stationary on a road; or
(b)has been stopped under section 60 or under the Heavy Vehicle National Law (Queensland); or
(c)is at a place to which it has been moved under section 61.
(2)To check whether the vehicle complies with a transport Act or the Heavy Vehicle National Law (Queensland), a police officer may inspect or test it.
(3)To enable the police officer to inspect or test the vehicle, the police officer may do anything reasonable to be done for the inspection or test.

Examples of what may be reasonable for an inspection or test—

The police officer may—
(a)enter the vehicle; or
(b)unlock, unfasten, open or remove any part of it; or
(c)move its load.

s 63 amd 2013 No. 26s 27

64Power to enter vehicles etc. other than for vehicle inspection

(1)This section applies to a police officer who reasonably suspects—
(a)a vehicle at a place the police officer has entered under this Act or the Heavy Vehicle National Law (Queensland) is used, or is being used, to transport dangerous goods; or
(b)a heavy vehicle or prescribed vehicle is being, or has just been, used to transport dangerous goods; or
(c)a vehicle is being, or has just been, used to commit an offence against a transport Act or the Heavy Vehicle National Law (Queensland); or
(d)a vehicle, or a thing in or on it, may provide evidence of the commission of an offence against a transport Act or the Heavy Vehicle National Law (Queensland); or
(e)the driver of a heavy vehicle is required under the Heavy Vehicle National Law (Queensland) to keep a document relating to driving hours.
(2)The police officer may, for enforcing a transport Act or the Heavy Vehicle National Law (Queensland)—
(a)enter the vehicle; or
(b)search any part of the vehicle; or
(c)inspect, measure, weigh, test, photograph or film the vehicle or anything in or on it; or
(d)take samples of the vehicle or anything in it; or
(e)copy, or take an extract from, a document in the vehicle; or

Example—

download information contained on a disk, tape or other device
(f)move the vehicle’s load; or
(g)take the persons, equipment and materials the officer reasonably requires into the vehicle.
(3)In this section—
document includes a work diary as defined in the Heavy Vehicle National Law (Queensland), section 221.
prescribed vehicle means a prescribed vehicle under the Road Use Management Act.

s 64 amd 2013 No. 26s 28

65Power to require vehicle inspections

(1)If a police officer reasonably suspects a vehicle may not comply with a transport Act or the Heavy Vehicle National Law (Queensland), the police officer may require either of the following to have the vehicle inspected at a stated reasonable time and place—
(a)the owner of the vehicle;
(b)if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle—the registered operator for the vehicle.
(2)The requirement—
(a)must be made by notice in the approved form; or
(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice in the approved form as soon as practicable.
(3)A person must comply with a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the inspection relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C.
(b)otherwise—60 penalty units.

(4)In this section—
owner, of a vehicle, has the meaning given under the Road Use Management Act, schedule 4.

s 65 amd 2006 No. 26s 15; 2013 No. 26s 29

66Power to prohibit use of vehicles

(1)If a police officer reasonably suspects a vehicle is unsafe or defective, the police officer may, by notice in the approved form, require its owner or, if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle, its registered operator, not to use it, or permit it to be used, on a road until—
(a)it is inspected at a stated reasonable place and found to comply with the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or
(b)stated reasonable action is taken in relation to the vehicle to ensure it complies with the Road Use Management Act or the Heavy Vehicle National Law (Queensland).

Examples of action that may be reasonable under paragraph (b)—

1the vehicle’s load be adjusted or moved
2stated repairs be carried out to the vehicle and the vehicle be inspected at a stated place and found to comply with the Road Use Management Act
(2)Without limiting subsection (1), the police officer may issue a defect notice for the vehicle or attach a defective vehicle label to the vehicle.
(3)A person must not contravene, or attempt to contravene, a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle—60 penalty units; or
(b)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.
(c)otherwise—90 penalty units.

(4)It is a reasonable excuse for subsection (3) if—
(a)the vehicle’s registration is cancelled and the person gives the police officer who issued the defect notice written notice of that fact within 7 days after the cancellation; or
(b)the vehicle is disposed of to a motor dealer and the person gives the chief executive of the department within which the Road Use Management Act is administered written notice of the name and address of the motor dealer within 7 days after the disposal.
(5)If the driver to whom a defect notice is given is not the owner or registered operator, the driver must immediately give the defect notice to the owner or registered operator, unless the driver has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.
(b)otherwise—30 penalty units.

(6)A person must not remove a defective vehicle label attached to a vehicle from the vehicle, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C.
(b)otherwise—30 penalty units.

(7)However, a police officer may remove the label if the police officer is reasonably satisfied the vehicle is no longer defective.
(8)In this section—
defective vehicle label has the meaning given under the Road Use Management Act.
defect notice has the meaning given under the Road Use Management Act.
motor dealer means a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014.
owner, of a vehicle, has the meaning given under the Road Use Management Act, schedule 4.

s 66 amd 2000 No. 62 s 601 sch 2; 2006 No. 26 s 16; 2013 No. 26 s 30; 2014 No. 20 s  238 sch 3 pt 2; 2016 No. 62 s 493 sch 1 pt 1

67Power to prohibit persons driving

(1)This section applies to the person in control of a motor vehicle that is stationary on a road or has been stopped under section 60 or under the Heavy Vehicle National Law (Queensland).
(2)If a police officer reasonably suspects the person in control would contravene the Road Use Management Act by driving the vehicle, the officer may, by notice in the approved form, require the person in control not to drive the vehicle in contravention of that Act.
(3)A person must not contravene, or attempt to contravene, a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a)for a private vehicle—60 penalty units; or
(b)otherwise—90 penalty units.

s 67 amd 2006 No. 26s 17; 2013 No. 26s 31

68Power to enable effective and safe exercise of other powers

(1)A police officer may require the person in control of a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this chapter in relation to the vehicle.

Examples of requirements for effectively exercising powers—

1requiring the vehicle to be held stationary on a weighing device to enable the vehicle to be weighed
2requiring the vehicle’s bonnet to be opened to enable the engine to be inspected
(2)A police officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary—
(a)to enable the police officer to safely exercise a power under a transport Act or the Heavy Vehicle National Law (Queensland) in relation to the vehicle; or
(b)to preserve the safety of the police officer, the person or other persons.

Examples of safety requirements—

1requiring the persons in a vehicle to get out of the vehicle while the police officer inspects the vehicle’s undercarriage
2requiring a person who has just left the vehicle to stand back from the road
3requiring a person to remain in control of a vehicle for a reasonable time
(3)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a)for a private vehicle—60 penalty units; or
(b)for a heavy vehicle, if the requirement relates to the safe exercise of a power under the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $10,000. Generally, see section 53C.
(c)otherwise—90 penalty units.

s 68 amd 2002 No. 47s 94; 2005 No. 64s 3 sch; 2013 No. 26s 32

Chapter 4 Motor vehicle impounding and immobilising powers for prescribed offences and motorbike noise direction offences

ch hdg ins 2005 No. 64s 7

amd 2013 No. 15s 4

Part 1 Preliminary

pt hdg ins 2005 No. 64s 7

Division 1 Interpretation

div hdg orig ch 4 pt 1 div 1 hdg ins 2002 No. 68s 331

om 2005 No. 45s 3sch 1

pres ch 4 pt 1 div 1 hdg ins 2005 No. 64s 7

69Definitions for ch 4

In this chapter—
applied section 258 see section 103.
applied section 259 see section 103.
burn out, for a motor vehicle, means wilfully drive the motor vehicle in a way that causes a sustained loss of traction of one or more of the wheels with the road surface.

Examples—

driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a road surface so that the tyres or a substance poured onto the road surface smokes
driving a motor vehicle in a way that causes a sustained loss of traction of one or more of the drive wheels with a wet or gravelled road surface, regardless of whether or not the tyres smoke because of the loss of traction

def burn out sub 2013 No. 15s 5(1)–(2)

excessive noise means excessive noise mentioned in section 576(1) and to which chapter 19, part 3 applies.
forfeiture order, for a motorbike noise order offence, see section 91(2).

def forfeiture order sub 2006 No. 57s 4(1)–(2); 2013 No. 15s 5(1)–(2)

immobilise, for a motor vehicle, includes restrict the use of the motor vehicle by way of an immobilising device or the removal and confiscation of the motor vehicle’s number plates.

def immobilise ins 2013 No. 15s 5(2)

immobilising device, for a motor vehicle, includes a wheel clamp.

def immobilising device ins 2013 No. 15s 5(2)

immobilising notice, for a vehicle related offence, see section 78(2).

def immobilising notice ins 2013 No. 15s 5(2)

impounding notice
(a)for a vehicle related offence—see section 78(2); or
(b)for a motorbike noise direction offence or a motorbike noise order offence—see section 81(2).

def impounding notice amd 2013 No. 15s 5(3)

impounding order, for a motorbike noise order offence, see section 86(2).

def impounding order sub 2006 No. 57s 4(1)–(2); 2013 No. 15s 5(1)–(2)

initial impoundment period, for a motor vehicle, means—
(a)a period of 48 hours starting when the motor vehicle is impounded; or
(b)if the period of 48 hours ends at any time after 5p.m. and before 8a.m. on a day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period of 48 hours ends.

def initial impoundment period amd 2006 No. 57s 4(3)

initiating immobilisation, of a motor vehicle, means the immobilisation of the motor vehicle for the initiating immobilisation offence.

def initiating immobilisation ins 2013 No. 15s 5(2)

initiating immobilisation offence means the vehicle related offence for which a motor vehicle is immobilised under this chapter.

def initiating immobilisation offence ins 2013 No. 15s 5(2)

initiating impoundment, of a motor vehicle, means the impoundment of the motor vehicle for the initiating impoundment offence.
initiating impoundment offence means—
(a)the vehicle related offence for which a motor vehicle is impounded under this chapter; or
(b)for a motorbike noise order offence—the motorbike noise order offence because of which a police officer applies for an impounding order or a forfeiture order for the motorbike involved in the commission of the offence.
magistrate includes a Childrens Court magistrate.
modify, a motor vehicle, includes remove the engine or gearbox from the motor vehicle.
motorbike noise direction offence means the contravention of a noise abatement direction given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.
motorbike noise order offence means the contravention of a noise abatement order given in relation to excessive noise emitted by a motorbike being driven on a place other than a road.
number plate means a plate or other device designed to be attached to a motor vehicle to identify the motor vehicle.

def number plate ins 2013 No. 15s 5(2)

number plate confiscation notice see section 74H(2).

def number plate confiscation notice ins 2013 No. 15s 5(2)

number plate confiscation period see section 74H(3).

def number plate confiscation period ins 2013 No. 15s 5(2)

offence, in relation to which an application is made, means the initiating application offence and any other offence relied on for the purposes of any order under this chapter.
prescribed impoundment information means—
(a)information about how the owner of a motorbike impounded under this chapter may recover the motorbike; and
(b)a statement that, before the motorbike may be recovered, the owner may be required to produce satisfactory evidence of the ownership of the motorbike; and
(c)a statement that, if the driver is an adult, the driver will be required to pay the costs of removing and keeping the motorbike; and
(d)a statement that, if the driver is a child and the child is found guilty of the offence for which the motorbike was impounded, the court may order the child or the child’s parent or guardian to pay the costs of removing and keeping the motorbike; and
(e)a statement that, if the owner of a motorbike fails to recover the motorbike after the period of impounding ends and the owner was the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the motorbike is impounded; and
(f)a statement that, if the owner of the motorbike fails to recover the motorbike after the period of impounding ends and the owner was not the driver of the motorbike when it was impounded, the owner is liable to pay the costs of keeping the motorbike for each day after the period of impoundment ends that is more than 2 business days after the owner is given the impounding notice; and
(g)the penalty for unlawfully removing the motorbike from the place at which it is held.

def prescribed impoundment information amd 2006 No. 57s 4(4); 2013 No. 15s 5(4)

prescribed impoundment period, for a motor vehicle, means—
(a)a period prescribed under this Act to be the period of impoundment for the motor vehicle starting when the motor vehicle is impounded; or

Example for paragraph (a)—

A motor vehicle is impounded at 3p.m. on 1 August. If the period of impoundment prescribed under this Act is 7 days, the prescribed impoundment period ends at 3p.m. on 8 August.
(b)if the period prescribed ends at any time other than between 8a.m. and 5p.m. on a business day, a period starting when the motor vehicle is impounded and ending at 8a.m. next occurring on a business day after the period prescribed ends.

Examples for paragraph (b)—

1A motor vehicle is impounded at 3a.m. on Wednesday, 1 August. If the period of impoundment prescribed under this Act is 7 days, the period of 7 days ends at 3a.m. on Wednesday, 8 August. However, the prescribed impoundment period ends at 8a.m. on Wednesday, 8 August.
2A motor vehicle is impounded at 7p.m. on Sunday, 1 April. If the period of impoundment prescribed under this Act is 90 days, the period of 90 days ends at 7p.m. on Saturday, 30 June. However, the prescribed impoundment period ends at 8a.m. on Monday, 2 July.

def prescribed impoundment period ins 2013 No. 15s 5(2)

prescribed offence means—
(a)a motorbike noise order offence; or
(b)a vehicle related offence.
prescribed period, in relation to an application for an impounding order or a forfeiture order—
(a)for a vehicle related offence—means the relevant period and any period from the end of the relevant period to and including the day on which the application is heard and decided; or
(b)for a motorbike noise order offence—the period for which the motorbike noise order to which the offence relates is in force and any period from the end of that period to and including the day on which the application is heard and decided.
relevant court, in relation to an application for an impounding order or a forfeiture order for a motor vehicle, means—
(a)the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates; or
(b)if the driver of the motor vehicle is a child—a Childrens Court constituted by a magistrate sitting in the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence to which the application relates.
relevant period, in relation to a motor vehicle impounded or immobilised for a type 1 vehicle related offence or a type 2 vehicle related offence, means the period of not more than 5 years before the initiating impoundment or initiating immobilisation for the motor vehicle.

def relevant period sub 2006 No. 57s 4(1)–(2); 2013 No. 15s 5(1)–(2)

type 1 vehicle related offence see section 69A.

def type 1 vehicle related offence ins 2006 No. 57s 4(2)

type 2 vehicle related offence see section 69A.

def type 2 vehicle related offence ins 2006 No. 57s 4(2)

vehicle production notice see section 74K(2).

def vehicle production notice ins 2013 No. 15s 5(2)

vehicle related offence means—
(a)a type 1 vehicle related offence; or
(b)a type 2 vehicle related offence.

def vehicle related offence sub 2006 No. 57s 4(1)–(2)

s 69 ins 2002 No. 33s 6

sub 2005 No. 64s 7

69AMeaning of type 1 and type 2 vehicle related offences

(1)A type 1 vehicle related offence means—
(a)any of the following offences committed in circumstances that involve a speed trial, a race between motor vehicles, or a burn out—
(i)an offence against the Criminal Code, section 328A committed on a road or in a public place;
(ii)an offence against the Road Use Management Act, section 83;
(iii)an offence against the Road Use Management Act, section 85;
(iv)an offence against the Road Use Management Act involving wilfully starting a motor vehicle, or driving a motor vehicle, in a way that makes unnecessary noise or smoke; or
(b)an offence against section 754(2).

Notes—

Under the Acts Interpretation Act 1954, section 7(1) a reference to a law includes a reference to statutory instruments made or in force under the law.

At the enactment of this definition, a relevant offence for paragraph (a)(iv), for example, is an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 291(1)(b).

(2)A type 2 vehicle related offence means any of the following offences—
(a)an offence against the Motor Accident Insurance Act 1994, section 20 that happens at the same time as an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act;
(b)an offence against the Road Use Management Act, section 78(1);
(c)an offence against the Road Use Management Act, section 79 in circumstances in which the driver of the motor vehicle involved in the offence is over the high alcohol limit within the meaning of the Road Use Management Act, section 79A;
(d)an offence against the Road Use Management Act, section 80(5A), (11) or (22D);
(e)an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) prescribed under a regulation for this paragraph involving a motor vehicle being driven on a road if—
(i)a defect notice has been issued in relation to the motor vehicle under this Act, the Road Use Management Act or the Heavy Vehicle National Law (Queensland); and
(ii)under the notice, the motor vehicle must be inspected by an authorised officer under the Road Use Management Act or the Heavy Vehicle National Law (Queensland) to ensure it complies with that Act or Law;
(f)an offence against the Road Use Management Act involving a driver of a motor vehicle in circumstances in which the driver exceeds a speed limit, applying to the driver for the length of road where the driver is driving, by more than 40km/h.

Example of relevant offence for paragraph (f)—

an offence against the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 20.
(3)For subsection (2)(e), a regulation may only prescribe an offence that involves—
(a)the motor vehicle (including its equipment) being modified in a way that required the owner to ensure that the modification had been approved under the Road Use Management Act or the Heavy Vehicle National Law (Queensland); or
(b)the motor vehicle (including its equipment) being modified so that driving the motor vehicle on the road is an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland).
(3A)A reference in subsection (2)(e) to an offence involving a motor vehicle being driven on a road includes an offence involving modifying a vehicle if the modified vehicle is driven on a road.
(4)A reference in subsection (2) to an offence against section 78(1) or 80(22D) of the Road Use Management Act does not include an offence relating to a suspension that could in law only be imposed because section 80 of the Road Use Management Act had been amended by the amendment.
(5)A reference in subsection (2) to an offence against section 80(5A) or (11) of the Road Use Management Act does not include an offence that in the circumstances could in law only be committed, or that the person could in law only be taken to be guilty of, because section 80 of the Road Use Management Act had been amended by the amendment.

Note for subsections (4) and (5)—

These subsections effectively exclude anything associated with saliva testing and saliva analysis under the Road Use Management Act from the operation of subsection (2).
(6)In this section—
amendment means the Transport Legislation and Another Act Amendment Act 2007, section 57.
defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (Queensland).

s 69A ins 2006 No. 57s 5

amd 2007 No. 6s 7; 2013 No. 15s 6; 2013 No. 26s 33

70References to motor vehicle includes motorbike

To remove any doubt, it is declared that—
(a)a reference in this chapter to a motor vehicle in relation to a prescribed offence includes a reference to a motorbike; and
(b)a reference in this chapter to a motor vehicle in relation to a vehicle related offence includes a reference to a motorbike.

s 70 ins 2002 No. 33s 6

sub 2005 No. 64s 7

70A[Repealed]

s 70A ins 2006 No. 57s 6

om 2013 No. 15s 7

71When a person is charged for this chapter in relation to a prescribed offence

(1)This section applies for this chapter if a proceeding for a prescribed offence is started against a person by notice to appear or arrest.
(2)This section also applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.
(3)If the proceeding is started by notice to appear, the person is taken to be charged with having committed the offence when the notice to appear is issued and served on the person.
(4)If the proceeding is started by arrest, the person is taken to be charged with having committed the offence when the person is arrested.
(5)If a person is served with an infringement notice, the person is taken to be charged with having committed the offence when the infringement notice is served on the person.

Note—

See the State Penalties Enforcement Act 1999, sections 13 (Service of infringement notices—generally) and 14 (Service of infringement notices for infringement notice offences involving vehicles).

s 71 ins 2002 No. 33s 6

amd 2003 No. 92s 6

sub 2005 No. 64s 7

amd 2013 No. 15s 8

71AWhen a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice

(1)This section applies for this chapter if a police officer serves an infringement notice on a person for an infringement notice offence that is a vehicle related offence.
(2)The charge for the offence is taken to not be decided if—
(a)there has been no payment of a penalty, in full or by instalments, under the State Penalties Enforcement Act 1999; and
(b)the registrar under the State Penalties Enforcement Act 1999 has not registered a default certificate for the infringement notice under that Act; and
(c)the person has not otherwise been found guilty of the offence.

s 71A ins 2013 No. 15s 9

72Punishment under this chapter is in addition to other punishment for the same offence

The impounding, immobilisation or forfeiture of a motor vehicle or the imposition of community service on a person under this chapter arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed on the person for the prescribed offence.

s 72 ins 2002 No. 33s 6

sub 2005 No. 64s 7

amd 2013 No. 15s 10

Division 2 Relationship with other legislation

div hdg orig ch 4 pt 1 div 2 hdg ins 2002 No. 68s 332

om 2005 No. 45s 3sch 1

pres ch 4 pt 1 div 2 hdg ins 2005 No. 64s 7

73National Credit Code

Nothing in this chapter affects the rights of a credit provider to repossess a motor vehicle under the National Credit Code and sell it.

s 73 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 7

amd 2010 No. 16s 35 sch

Part 2 Impounding and immobilising motor vehicles and forfeiture of motor vehicles

pt hdg ins 2005 No. 64s 7

sub 2013 No. 15s 12

Division 1 Impounding powers for type 1 vehicle related offences and forfeiture of motor vehicles in particular circumstances

div hdg orig ch 4 pt 2 div 1 hdg om 2005 No. 45s 6

pres ch 4 pt 2 div 1 hdg ins 2005 No. 64s 7

sub 2013 No. 15s 13

74Impounding motor vehicles for first type 1 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle.

Note—

For when a person is charged with an offence, see section 71.
(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.

s 74 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 7

amd 2006 No. 57s 8

sub 2013 No. 15s 14

74AImpounding motor vehicles for second or subsequent type 1 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 1 vehicle related offence in relation to the motor vehicle and—
(a)the driver of the motor vehicle has been charged with having committed a type 1 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided; or
(b)the driver of the motor vehicle has previously been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period.

Notes—

1For when a person is charged with an offence, see section 71.
2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.
(2)A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
(3)This section applies subject to division 2.

Note—

Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.

s 74A ins 2013 No. 15s 15

74BForfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence

(1)This section applies in relation to a motor vehicle impounded under section 74A if the driver of the motor vehicle—
(a)has been found guilty of a type 1 vehicle related offence committed on 1 previous occasion within the relevant period; and
(b)is found guilty of a second or subsequent type 1 vehicle related offence mentioned in section 74A(1).
(2)On the driver being found guilty—
(a)the motor vehicle becomes the property of the State; and
(b)any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.
(3)This section applies subject to division 2.

Note—

Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.
(4)However, subsection (5) applies if—
(a)before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1)(b), the motor vehicle is released under section 79D, 79F or 79H with a condition; and
(b)the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.
(5)Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D, 79F or 79H.

s 74B ins 2013 No. 15s 15

Division 1A Impounding powers for type 2 vehicle related offences and forfeiture of motor vehicles in particular circumstances

div 1A (ss 74C–74F) ins 2013 No. 15s 16

74CImpounding motor vehicles for second or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence in relation to the motor vehicle and—
(a)the driver of the motor vehicle has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment; or
(b)the driver of the motor vehicle has previously been found guilty of a type 2 vehicle related offence committed on 1 previous occasion within the relevant period.

Note—

For when a person is charged with an offence, see section 71.
(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 7 days.

div 1A (ss 74C–74F) ins 2013 No. 15s 16

74DImpounding motor vehicles for third or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence and—
(a)the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 2 previous occasions within the relevant period and the charges have not been decided before the initiating impoundment; or
(b)the driver of the motor vehicle has previously been found guilty of type 2 vehicle related offences committed on 2 previous occasions within the relevant period; or
(c)the driver of the motor vehicle—
(i)has previously been found guilty of having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period; and
(ii)has been charged with having committed a type 2 vehicle related offence on 1 previous occasion within the relevant period and the charge has not been decided before the initiating impoundment.

Notes—

1For when a person is charged with an offence, see section 71.
2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.
(2)A motor vehicle may be impounded under subsection (1) for the prescribed impoundment period.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
(3)The prescribed impoundment period for a motor vehicle impounded under subsection (1) is 90 days.

div 1A (ss 74C–74F) ins 2013 No. 15s 16

74EImpounding motor vehicles for fourth or subsequent type 2 vehicle related offence

(1)A police officer may impound a motor vehicle if—
(a)the driver of the motor vehicle is charged with having committed a type 2 vehicle related offence; and
(b)the driver of the motor vehicle has been charged with having committed type 2 vehicle related offences on 3 previous occasions within the relevant period; and
(c)for each of the charges mentioned in paragraph (b)—
(i)the charge has not been decided; or
(ii)the driver has been found guilty.

Notes—

1For when a person is charged with an offence, see section 71.
2For when a charge for an offence is taken to be not decided if the proceeding for the offence is started by the service of an infringement notice, see section 71A.
(2)A motor vehicle impounded under subsection (1) may be impounded until the end of proceedings for all charges under this section.

Note—

See section 117 about the release of a motor vehicle if the driver of the motor vehicle is found not guilty of the prescribed offence or the proceeding is discontinued.
(3)This section applies subject to division 2.

Note—

Division 2 contains provisions relating to applications for release of impounded or immobilised motor vehicles.

div 1A (ss 74C–74F) ins 2013 No. 15s 16

74FForfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence

(1)This section applies in relation to a motor vehicle impounded under section 74E if the driver of the motor vehicle—
(a)has been found guilty of 3 type 2 vehicle related offences committed within the relevant period; and
(b)is found guilty of the fourth or subsequent type 2 vehicle related offence mentioned in section 74E(1).
(2)On the driver being found guilty—
(a)the motor vehicle becomes the property of the State; and
(b)any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the vehicle is extinguished.
(3)This section applies subject to division 2.

Note—

Under division 2 the commissioner may grant an application for the release of an impounded or immobilised motor vehicle.
(4)However, subsection (5) applies if—
(a)before the driver of the motor vehicle is found guilty of the offence mentioned in subsection (1)(b), the motor vehicle is released under section 79D, 79F or 79H with a condition; and
(b)the motor vehicle is later impounded or immobilised under section 79P because of a breach of the condition.
(5)Subsection (2) applies in relation to the motor vehicle as if the motor vehicle had not been released under section 79D, 79F or 79H.

div 1A (ss 74C–74F) ins 2013 No. 15s 16

Division 1B Immobilising powers for type 1 and type 2 vehicle related offences

div hdg ins 2013 No. 15s 16

Subdivision 1 Preliminary

sdiv 1 (s 74G) ins 2013 No. 15s 16

74GPurpose of div 1B

The purpose of this division is to provide another way for keeping a motor vehicle, that may be impounded under division 1 or 1A, at a place other than a holding yard.

sdiv 1 (s 74G) ins 2013 No. 15s 16

Subdivision 2 Removal and confiscation of number plate powers

sdiv 2 (ss 74H–74I) ins 2013 No. 15s 16

74HPower to remove and confiscate number plates

(1)This section applies if—
(a)a police officer may impound a motor vehicle under division 1 or 1A; and
(b)the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.
(2)The police officer may remove and confiscate the number plates attached to the motor vehicle and attach a notice (a number plate confiscation notice) to the motor vehicle.
(3)Except as provided under this chapter, a motor vehicle to which a number plate confiscation notice is attached under this section is prohibited from being operated for the period stated in the notice (the number plate confiscation period) for which the vehicle would have been kept in a holding yard and commencing on the day the notice is attached to the vehicle.

Note—

See sections 105B and 105C for number plate offences.

sdiv 2 (ss 74H–74I) ins 2013 No. 15s 16

74IMoving motor vehicle to which number plate confiscation notice is attached

A motor vehicle to which a number plate confiscation notice is attached under section 74H may be moved (for example, by being driven or towed) to a place authorised by a police officer where the motor vehicle may lawfully stand.

sdiv 2 (ss 74H–74I) ins 2013 No. 15s 16

Subdivision 3 Immobilising device powers

sdiv 3 (s 74J) ins 2013 No. 15s 16

74JPower to attach immobilising device

(1)This section applies if—
(a)a police officer may impound a motor vehicle under division 1 or 1A; and
(b)the police officer decides that it is appropriate in the circumstances for the motor vehicle to be kept at a place other than a holding yard for the impoundment period.
(2)The police officer may attach an immobilising device, or arrange for an immobilising device to be attached, to the motor vehicle.
(3)Except as provided under this chapter, a motor vehicle to which an immobilising device is attached under this section is prohibited from being operated for the period for which the vehicle would have been kept in a holding yard commencing on the day the device is attached to the vehicle.

Note—

See sections 105D and 105E for immobilising device offences.

sdiv 3 (s 74J) ins 2013 No. 15s 16

Division 1C Vehicle production notices

div 1C (ss 74K–74M) ins 2013 No. 15s 16

74KPower to require motor vehicle to be produced

(1)This section applies if a police officer may—
(a)impound a motor vehicle under division 1 or 1A; or
(b)immobilise a motor vehicle under division 1B.
(2)The police officer may require the owner or driver by notice in the approved form (a vehicle production notice) to produce the vehicle at a stated place and stated time for impoundment or immobilisation.
(3)The time or place stated in the notice must be reasonable in the circumstances.
(4)If for any reason it is not practicable to give a vehicle production notice, the requirement may be made orally and confirmed by a vehicle production notice as soon as practicable.

div 1C (ss 74K–74M) ins 2013 No. 15s 16

74LPeriod of impoundment or immobilisation starts only when motor vehicle produced

(1)This section applies to a motor vehicle in relation to which a vehicle production notice has been given under section 74K.
(2)The period for which the motor vehicle is impounded under division 1 or 1A, or immobilised under this division, starts only when the motor vehicle is produced at the place stated in the notice.

div 1C (ss 74K–74M) ins 2013 No. 15s 16

74MVehicle production notices generally

(1)The date stated in a vehicle production notice for production of a motor vehicle must be a date that is no later than the first business day occurring 5 days after the notice is given.
(2)The disposal of a motor vehicle within the period of 5 days after a vehicle production notice is given in relation to the motor vehicle does not affect the requirement to produce the motor vehicle in accordance with the notice, except as provided by subsection (3).
(3)A vehicle production notice ceases to have effect in relation to a motor vehicle if it is withdrawn by the commissioner by notice in writing given to—
(a)the owner of the motor vehicle; or
(b)a person who purchased the motor vehicle after the production notice was given who satisfies the commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.

div 1C (ss 74K–74M) ins 2013 No. 15s 16

Division 1D General provisions relating to impounding and immobilising motor vehicles

div hdg ins 2013 No. 15s 17

75Particular powers for impounding or immobilising motor vehicles

(1)To impound a motor vehicle under divisions 1, 1A or part 2A, division 1, or to immobilise a motor vehicle under division 1B, a police officer may—
(a)stop the motor vehicle if it is moving, whether or not the motor vehicle is on a road; or
(b)require the driver of the motor vehicle if it is stationary to remain at the place where it is stopped for the time reasonably necessary; or
(c)direct the person who has the key needed to move the motor vehicle—
(i)to give the key to a police officer; or
(ii)if the motor vehicle is in a dwelling, to move the motor vehicle out of the dwelling, and to give the key to a police officer; or
(d)if it is necessary to enter the motor vehicle to impound or immobilise it, enter the motor vehicle to impound or immobilise it; or
(e)enter a place, other than the part of the place that is a dwelling, and stay for a reasonable time on the place; or
(f)do anything else reasonably necessary for impounding or immobilising the motor vehicle.
(2)Also, when impounding or immobilising a motor vehicle that is not registered under a transport Act, a police officer may require the driver of the motor vehicle to state the name and address of the owner of the motor vehicle.

Note—

Failure to comply with a direction or requirement given or made under this section is an offence against section 791.
(2A)After impounding a motor vehicle, a police officer may move the motor vehicle, or arrange for the motor vehicle to be moved, to a holding yard in the way the police officer considers appropriate.

Example of ways of moving a motor vehicle after it is impounded—

driving, pushing, towing or transporting the motor vehicle
(3)Subsection (1)(a) and (b) is in addition to, and does not limit, section 60 or 61.
(4)Also, the powers exercisable under subsection (1)(a) and (b) may be exercised before or after the motor vehicle is impounded or immobilised.

s 75 ins 2002 No. 33s 6

amd 2003 No. 92s 7

sub 2005 No. 64s 7

amd 2006 No. 57s 9; 2013 No. 15s 18

76Release of motor vehicle in particular circumstances

(1)If a motor vehicle that is impounded or immobilised is a motor vehicle that is being unlawfully used or has been stolen or is a rental motor vehicle—
(a)the motor vehicle must be released to the owner as soon as reasonably practicable; and
(b)an application for an impounding order or a forfeiture order about the motor vehicle must not be made.
(2)In this section—
rental motor vehicle means a motor vehicle made available by a person in the course of a business in which the person rents vehicles to members of the public.

s 76 ins 2002 No. 33s 6

sub 2003 No. 92s 8

sub 2005 No. 64s 7

amd 2013 No. 15s 19

77Police officer may authorise tow

(1)This section applies if a police officer—
(a)arranges for an impounded motor vehicle to be towed to a holding yard; or
(b)arranges for an immobilised motor vehicle to be towed to a place.
(2)A police officer may sign a towing authority for the impounded or immobilised motor vehicle.
(3)The driver of a tow truck towing the impounded or immobilised motor vehicle under a towing authority must tow the motor vehicle to—
(a)if the police officer directs the driver to tow the motor vehicle to a particular holding yard or place—the holding yard or the place; or
(b)if paragraph (a) does not apply—the holding yard to which the driver ordinarily tows motor vehicles.
(4)In this section—
towing authority means—
(a)a towing authority under the Tow Truck Act 1973; or
(b)another document authorising a person to tow a motor vehicle.

s 77 ins 2002 No. 33s 6

sub 2003 No. 92s 8; 2005 No. 64s 7

amd 2013 No. 15s 20

78Impounding notice or immobilising notice for vehicle related offence

(1)This section applies if a motor vehicle is impounded or immobilised for a vehicle related offence.
(2)As soon as reasonably practicable, a police officer must give written notice in the approved form (impounding notice) of the impounding, or written notice in the approved form (immobilising notice) of the immobilising, to—
(a)the driver of the motor vehicle; and
(b)if the driver is not the owner or not the only owner of the motor vehicle—the owner or each other owner of the motor vehicle.
(3)If the driver is a child, the impounding notice or the immobilising notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2).
(4)The impounding notice or the immobilising notice must state—
(a)the period that the motor vehicle is impounded or immobilised for; and
(b)information about how the owner of a motor vehicle impounded or immobilised under this chapter may recover the motor vehicle; and
(c)any other information prescribed under a regulation.
(5)When giving an impounding notice or immobilising notice under this section to a child or the child’s parent or guardian, the police officer giving the notice must also give the person an explanation of the matters stated in the impounding notice or immobilising notice.
(6)The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.
(7)An impounding notice or immobilising notice given to a driver under subsection (2)(a) must be given personally to the driver.
(8)If the name of an owner of the motor vehicle is not known, an impounding notice or immobilising notice required to be given to the owner under subsection (2)(b) may be given by making the information required to be included on the impounding notice or immobilising notice, other than the owner’s name and address, available on the police service internet website.

s 78 ins 2002 No. 33s 6

sub 2003 No. 92s 9; 2005 No. 64s 7

amd 2006 No. 57s 10

sub 2013 No. 15s 21

Division 2 Other provisions relating to impounded or immobilised motor vehicles

div hdg orig ch 4 pt 2 div 2 hdg om 2005 No. 45s 6

prev ch 4 pt 2 div 2 hdg ins 2005 No. 64s 7

amd 2006 No. 57s 12

om 2013 No. 15s 23

pres ch 4 pt 2 div 2 hdg ins 2013 No. 15s 24

Subdivision 1 Preliminary

sdiv hdg ins 2013 No. 15s 24

79Definitions for div 2

In this division—
eligible person, for a motor vehicle, means an owner or usual driver of the motor vehicle.
information notice, for a decision of the commissioner under this division, means a notice stating—
(a)the decision; and
(b)the reasons for the decision; and
(c)that the person to whom the notice is given may appeal against the decision within 28 days after the person receives the notice; and
(d)how the person may appeal against the decision.
vehicle release notice, for a motor vehicle, means a notice stating—
(a)the decision of the commissioner made under this division; and
(b)the time and date when the impoundment, or immobilisation, of the vehicle ends; and
(c)any conditions to which the release of the motor vehicle is subject.

s 79 prev s 79 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 7

amd 2006 No. 57s 11

om 2013 No. 15s 22

pres s 79 ins 2013 No. 15s 24

Subdivision 2 Application for release of impounded or immobilised motor vehicle

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79AApplication for release of impounded or immobilised motor vehicle on basis of severe hardship

(1)An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that the person would suffer severe hardship if the motor vehicle was not released.
(2)The application must be—
(a)made in the approved form; and
(b)supported by enough information to enable the commissioner to decide the application.

Note—

See section 79B(4) and (5) for particular information the applicant must give to the commissioner.
(3)An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79BDecision on application for release of impounded or immobilised motor vehicle on basis of severe hardship

(1)The commissioner must consider an application for the release of a motor vehicle under section 79A after receiving all necessary information relevant to the application and either—
(a)grant the application; or
(b)refuse to grant the application.
(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
(3)The commissioner may grant the application only if the commissioner is satisfied a refusal to grant the application would—
(a)cause severe financial hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or
(b)cause severe physical hardship to the applicant or the applicant’s family.
(4)For subsection (3)(a), the applicant must give the following to the commissioner—
(a)a statement made by the applicant outlining how a refusal to grant the application would cause severe financial hardship to the applicant or the applicant’s family;
(b)if the applicant is not self-employed—a statement made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused.
(5)For subsection (3)(b), the applicant must give the commissioner a statement made by the applicant that—
(a)outlines how a refusal to grant the application would cause severe physical hardship to the applicant or the applicant’s family; and
(b)has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of documentary evidence, in support of each matter stated in the statement.
(6)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
(7)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
(8)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
(9)A condition made by the commissioner under this section expires on the earlier of the following—
(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
(10)In this section—
certified copy, of documentary evidence, means certified by a justice of the peace or commissioner for declarations in writing to be a true copy of the documentary evidence.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79CApplication for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent

(1)The owner of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, may apply to the commissioner for the release of the motor vehicle on the basis that the offence happened without the consent of the person.
(2)The application must be—
(a)made in the approved form; and
(b)supported by enough information to enable the commissioner to decide the application.
(3)An application may be made under this section regardless of whether the motor vehicle may be liable to forfeiture.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79DDecision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent

(1)The commissioner must consider an application for the release of a motor vehicle under section 79C after receiving all necessary information relevant to the application and either—
(a)grant the application; or
(b)refuse to grant the application.
(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
(3)The commissioner may grant the application only if the commissioner is satisfied the relevant prescribed offence happened without the consent of the owner.
(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
(7)A condition made by the commissioner under this section expires on the earlier of the following—
(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.
(8)In this section—
relevant prescribed offence means the prescribed offence because of which the impoundment or immobilisation has happened.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79EApplication for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified

(1)This section applies if a motor vehicle is impounded under division 1 or 1A, or immobilised under division 1B, because of the commission of a relevant type 2 vehicle related offence.
(2)An eligible person may apply to the commissioner for the release of the motor vehicle on the basis that the circumstances giving rise to the offence have been rectified.
(3)The application must be—
(a)made in the approved form; and
(b)supported by enough information to enable the commissioner to decide the application.

Examples for paragraph (b)—

a receipt issued by the department within which the Road Use Management Act is administered indicating the payment of vehicle registration fees for an impounded motor vehicle or a copy of a license issued by that department
(4)In this section—
relevant type 2 vehicle related offence means—
(a)an offence against the Road Use Management Act involving the use on a road of a vehicle that is not registered as required under that Act; or
(b)an offence against the Road Use Management Act, section 78(1).

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79FDecision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified

(1)The commissioner must consider an application for the release of a motor vehicle under section 79E after receiving all necessary information relevant to the application and either—
(a)grant the application; or
(b)refuse to grant the application.
(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
(3)The commissioner may grant the application if the commissioner is satisfied the circumstances giving rise to the offence have been rectified.
(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
(7)A condition made by the commissioner under this section expires on the earlier of the following—
(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79GApplication for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable

(1)An eligible person may apply to the commissioner for the release of a motor vehicle impounded under division 1 or 1A, or immobilised under division 1B, on the basis that there were not reasonable grounds to impound or immobilise the motor vehicle.
(2)The application must be—
(a)made in the approved form; and
(b)supported by enough information to enable the commissioner to decide the application.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79HDecision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable

(1)The commissioner must consider an application for the release of a motor vehicle under section 79G after receiving all necessary information relevant to the application and either—
(a)grant the application; or
(b)refuse to grant the application.
(2)The commissioner must, if reasonably practicable, decide the application within 5 business days of receiving the application and other documents required under this subdivision.
(3)The commissioner may grant the application if the commissioner is not satisfied that there were reasonable grounds to impound or immobilise the motor vehicle.
(4)If the commissioner decides to grant the application, the commissioner must give the applicant a vehicle release notice for the motor vehicle.
(5)If the commissioner decides to refuse to grant the application, the commissioner must as soon as practicable give the applicant an information notice for the decision.
(6)The commissioner may grant the application with or without conditions.

Examples of conditions—

1a condition that the owner of the motor vehicle does not allow the person who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded to use the motor vehicle
2a condition that the owner of the motor vehicle who committed, or is alleged to have committed, the offence for which the motor vehicle was impounded, is to only use the motor vehicle for work related purposes
(7)A condition made by the commissioner under this section expires on the earlier of the following—
(a)if the driver is found not guilty of the prescribed offence for which the motor vehicle was impounded or immobilised or the proceeding for the offence is discontinued—the day the driver is found not guilty or the proceeding is discontinued;
(b)when the period of impoundment or immobilisation that would have applied to the motor vehicle had it not been released by way of a decision of the commissioner under this section ends.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

79IImpoundment or immobilisation ends if application for release of motor vehicle granted

(1)If the commissioner grants an application for the release of a motor vehicle under this division, the impoundment of the motor vehicle under division 1 or 1A, or the immobilisation of the motor vehicle under division 1B, ends.
(2)This section applies subject to section 79P.

sdiv 2 (ss 79A–79I) ins 2013 No. 15s 24

Subdivision 3 Appeals

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79JWho may appeal

(1)A person who is aggrieved by a decision of the commissioner under section 79B, 79D, 79F or 79H may appeal against the decision.
(2)In this section—
decision includes a condition made by the commissioner under section 79B, 79D, 79F or 79H in relation to granting an application for the release of a motor vehicle.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79KHow to start appeal

(1)The appeal is started by filing a notice of appeal with the clerk of a Magistrates Court.
(2)The appellant must serve a copy of the notice on—
(a)the other persons entitled to appeal against the decision; and
(b)the commissioner.
(3)Despite subsection (2), the clerk of the court may ask the commissioner to serve a copy of the notice on a person mentioned in subsection (2)(a) whom the appellant is unable to serve.
(4)The notice of appeal must be filed within 28 days after the person is given an information notice for the decision.
(5)The court may at any time extend the period for filing the notice of appeal.
(6)The notice of appeal must state fully the grounds of the appeal and the facts relied on.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79LEffect of appeal on decision

(1)The start of an appeal against a decision of the commissioner does not affect the operation of the decision or prevent the taking of action to implement the decision.
(2)However, the court may make an order staying the operation of the decision being appealed against until the appeal is finally decided.
(3)The court may act under subsection (2) on the application of the appellant or on its own initiative.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79MCommissioner has right of appearance

The commissioner has a right to appear and be heard before the court on an appeal under this subdivision.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79NHearing procedures

(1)An appeal must be decided on the evidence before the commissioner.
(2)However, the court may order that the appeal be heard afresh, in whole or part.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

79OPowers of Magistrates Court

In deciding an appeal, the court may—
(a)confirm the decision appealed against; or
(b)set aside the decision and substitute another decision that it considers appropriate.

sdiv 3 (ss 79J–79O) ins 2013 No. 15s 24

Subdivision 4 Miscellaneous

sdiv 4 (ss 79P–79Q) ins 2013 No. 15s 24

79PPower to take certain action if breach of condition

(1)This section applies if—
(a)the commissioner grants an application under this division for the release of an impounded or immobilised motor vehicle with a condition; and
(b)the condition is breached.
(2)A police officer may impound or immobilise the motor vehicle for the remainder of the period for which the vehicle would have been impounded or immobilised.
(3)For impounding or immobilising a motor vehicle under this section, a police officer may exercise any of the powers under section 75 if the police officer reasonably considers the exercise of the power may be effective for the purpose.

sdiv 4 (ss 79P–79Q) ins 2013 No. 15s 24

79QDelegation—commissioner

The commissioner may delegate any of the commissioner’s powers under this division including, for example, considering an application for the release of an impounded or immobilised vehicle under subdivision 2 and making a decision about the application, to a police officer of at least the rank of inspector.

sdiv 4 (ss 79P–79Q) ins 2013 No. 15s 24

Part 2A Impounding motorbikes for motorbike noise direction offences or motorbike noise order offences

pt hdg ins 2013 No. 15s 25

Division 1 Impounding powers for motorbike noise direction offences or motorbike noise order offences

div hdg ins 2013 No. 15s 25

80Impounding motorbike for motorbike noise direction offence or motorbike noise order offence

(1)A police officer may impound a motorbike if—
(a)the driver of the motorbike is charged with having committed—
(i)a motorbike noise direction offence; or
(ii)a motorbike noise order offence; or
(b)the driver of the motorbike is a child and the police officer reasonably suspects the child has committed—
(i)a motorbike noise direction offence; or
(ii)a motorbike noise order offence.

Note—

For when a person is charged with an offence, see section 71.
(2)A motorbike impounded under subsection (1) may be impounded for the initial impoundment period.

s 80 prev s 80 ins 2002 No. 33s 6

amd 2003 No. 22s 30 sch; 2003 No. 92s 10

sub 2005 No. 64s 7

amd 2006 No. 57s 13

om 2013 No. 15s 23

pres s 80 ins 2013 No. 15s 25

81Impounding notice for motorbike noise direction offence or motorbike noise order offence

(1)This section applies if a motorbike is impounded for a motorbike noise direction offence or a motorbike noise order offence.
(2)As soon as reasonably practicable, a police officer must give written notice in the approved form (impounding notice) of the impounding to—
(a)the driver of the motorbike; and
(b)if the driver is not the owner or not the only owner of the motorbike—the owner or each other owner of the motorbike.
(3)If the driver is a child, the impounding notice must also be given to the child’s parent or guardian if it is reasonably practicable to do so, unless the parent or guardian is given notice under subsection (2).
(4)If the motorbike is impounded for a motorbike noise direction offence, the impounding notice must include the information required under section 82.
(5)If the motorbike is impounded for a motorbike noise order offence, the impounding notice must include the information required under section 83 or 84.
(6)When giving an impounding notice under this section to a child or the child’s parent or guardian, the police officer giving the impounding notice must also give the person an explanation of the matters stated in the notice.
(7)The police officer may give the explanation by giving the person a statement, in the approved form, containing the explanation if it is appropriate in the circumstances to do so.
(8)An impounding notice given to a driver under subsection (2)(a) must be given personally to the driver.
(9)Also, if the name of the owner of the motorbike is not known, an impounding notice required to be given to the owner under subsection (2)(b) may be given by making the information required to be included on the impounding notice, other than the owner’s name and address, available on the police service internet website.

s 81 prev s 81 ins 2003 No. 92s 11

sub 2005 No. 64s 7

amd 2006 No. 57s 14

om 2013 No. 15s 23

pres s 81 ins 2013 No. 15s 25

Division 2A [Repealed]

div 2A (ss 81A–81B) ins 2006 No. 57s 15

om 2013 No. 15s 23

81A[Repealed]

div 2A (ss 81A–81B) ins 2006 No. 57s 15

om 2013 No. 15s 23

81B[Repealed]

div 2A (ss 81A–81B) ins 2006 No. 57s 15

om 2013 No. 15s 23

Division 2 Notice requirements for motorbikes impounded for motorbike noise direction offences or motorbike noise order offences

div hdg ins 2013 No. 15s 26

82Content of notice for motorbike noise direction offence

(1)This section applies if a motorbike has been impounded because a police officer reasonably suspects the driver of the motorbike has committed a motorbike noise direction offence.
(2)The impounding notice must state—
(a)that the motorbike is impounded for the initial impoundment period; and
(b)the prescribed impoundment information; and
(c)that an application will be made to the relevant court for a noise abatement order within 48 hours after the end of the impoundment period.

s 82 ins 2005 No. 64s 7

83Content of notice for first motorbike noise order offence

(1)This section applies if a motorbike has been impounded because of a motorbike noise order offence and section 84 does not apply to the driver of the motorbike.
(2)The impounding notice must state—
(a)that the motorbike is impounded for the initial impoundment period; and
(b)the prescribed impoundment information; and
(c)that an application will be made to the relevant court for an order that the motorbike be impounded for 3 months if the driver of the motorbike is found guilty of a motorbike noise order offence relating to the motorbike.

s 83 ins 2005 No. 64s 7

84Content of notice for second or subsequent motorbike noise order offence

(1)This section applies if a motorbike has been impounded because of a motorbike noise order offence and—
(a)the driver of the motorbike has been found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion and has been charged with having committed another motorbike noise order offence that has not been decided and relates to that motorbike; or
(b)the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided;

within 2 years after a noise abatement order is made in relation to the driver of the motorbike.

Note—

See section 71 for when a person is charged for this chapter. Also, this section, unlike the corresponding provisions about motor vehicle related offences, does not rely on the suspicion of a police officer because the principal operation of the section in fact relates to children and processes under the Youth Justice Act 1992 apply.

(2)The impounding notice must state—
(a)that the motorbike is impounded for the initial impoundment period; and
(b)that an application will be made to the relevant court for an order that the motorbike be forfeited to the State if either of the following apply to the driver—
(i)the driver of the motorbike has previously been found guilty of a motorbike noise order offence relating to that motorbike;
(ii)the driver of the motorbike has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided; and
(c)the prescribed impoundment information.

s 84 ins 2005 No. 64s 7

amd 2009 No. 34s 45(1) sch pt 1 amdt 27

Division 3 [Repealed]

(Repealed)

div hdg orig ch 4 pt 2 div 3 hdg om 2005 No. 45s 6

prev ch 4 pt 2 div 3 hdg ins 2005 No. 64s 7

om 2013 No. 15s 26

Division 4 [Repealed]

(Repealed)

div hdg orig ch 4 pt 2 div 4 hdg om 2005 No. 45s 6

prev ch 4 pt 2 div 4 hdg ins 2005 No. 64s 7

om 2013 No. 15s 27

Division 5 [Repealed]

(Repealed)

div hdg orig ch 4 pt 2 div 5 hdg om 2005 No. 45s 6

Division 6 [Repealed]

(Repealed)

div hdg orig ch 4 pt 2 div 6 hdg om 2005 No. 45s 3sch 1

Division 7 [Repealed]

(Repealed)

div hdg orig ch 4 pt 2 div 7 hdg om 2005 No. 45s 7

Part 3 Obtaining impounding orders for motorbike noise order offences

pt hdg ins 2005 No. 64s 7

amd 2013 No. 15s 28

pt 3 div 1 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 29

pt 3 div 2 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 31

pt 3 div 3 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 33

85A[Repealed]

s 85A ins 2006 No. 57s 17

om 2013 No. 15s 30

86Application for impounding order for motorbike noise order offence

(1)This section applies to the driver of a motorbike that is impounded for a motorbike noise order offence if the driver has been charged with the offence and an application for a forfeiture order for the motorbike can not be made under section 91.
(2)Within 48 hours after charging the person with the offence, a police officer must apply in the approved form for an order that the motorbike be held at a holding yard for a period of not more than 3 months (impounding order).
(3)The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (5) of this section.
(4)Subsection (3) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.
(5)If the application is properly made to a magistrate under section 800, the magistrate must—
(a)order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and
(b)give a copy of the application and the order to the clerk of the court of the relevant court.

s 86 ins 2005 No. 64s 7

87A[Repealed]

s 87A ins 2006 No. 57s 19

om 2013 No. 15s 32

88Orders on application for impounding order if motorbike noise order offence not decided

(1)This section applies if—
(a)an application is made to a relevant court under section 86 for an impounding order for a motorbike; and
(b)any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.
(2)The court must adjourn the application until the driver has been found guilty of the offence.

s 88 ins 2005 No. 64s 7

89Advice to owner of motorbike of date of hearing

(1)As soon as reasonably practicable after a date is set for the hearing of an application for an impounding order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.
(2)If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.

s 89 ins 2005 No. 64s 7

amd 2013 No. 15s 34

Part 4 Obtaining forfeiture orders for motorbike noise order offences

pt hdg ins 2005 No. 64s 7

amd 2013 No. 15s 35

pt 4 div 1 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 35

pt 4 div 2 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 38

pt 4 div 3 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 40

90A[Repealed]

s 90A ins 2006 No. 57s 21

om 2013 No. 15s 37

91Application for forfeiture order for motorbike noise order offence

(1)This section applies in relation to a motorbike impounded under section 74 for a motorbike noise order offence if the driver of the motorbike—
(a)has been—
(i)found guilty of having committed a motorbike noise order offence relating to that motorbike on at least 1 previous occasion; and
(ii)charged with having committed another motorbike noise order offence relating to that motorbike and the charge has not been decided; or
(b)has been charged with having committed a motorbike noise order offence relating to that motorbike on at least 2 previous occasions and the charges have not been decided.
(2)Within 48 hours after charging the person with the offence in relation to which the motorbike was impounded under section 74, a police officer must apply in the approved form for an order that the motorbike be forfeited to the State (forfeiture order).
(3)The application must be made in relation to at least 2 motorbike noise order offences the circumstances of which apply to the driver under subsection (1)(a) or (b).
(4)The application must be made to the relevant court but may be started by application to a magistrate under section 800 and subsection (6) of this section.
(5)Subsection (4) applies even though the value of the motorbike may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.
(6)If the application is properly made to a magistrate under section 800, the magistrate must—
(a)order that a police officer may have the application brought on for hearing and decision in the relevant court and adjourn the application to that court; and
(b)give a copy of the application and the order to the clerk of the court of the relevant court.

s 91 ins 2005 No. 64s 7

92A[Repealed]

s 92A ins 2006 No. 57s 23

om 2013 No. 15s 39

93Orders on application for forfeiture order if motorbike noise order offence not decided

(1)This section applies if a police officer applies to a relevant court under section 91 for a forfeiture order for a motorbike and any proceeding on a charge of a motorbike noise order offence in relation to which the application is made has not been decided.
(2)If the driver of the motorbike has not been found guilty of motorbike noise order offences in relation to offences committed on 2 occasions within the prescribed period, the court must adjourn the application until the driver has been found guilty of charges in relation to motorbike noise order offences committed on at least 2 occasions within the prescribed period.
(3)However, if the application relates to at least 1 motorbike noise order offence of which the driver has been found guilty, the court may make an order under subsection (4) if satisfied the motorbike should be impounded to stop the commission of another motorbike noise order offence.
(4)The court may order that the motorbike be impounded, or continue to be impounded, for a stated period of not more than 3 months.

s 93 ins 2005 No. 64s 7

94Advice to owner of motorbike of date of hearing

(1)As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order in relation to a motorbike, a police officer must give the driver of the motorbike and each owner of the motorbike written notice of the date, time and place of the hearing.
(2)If the driver or owner is a child and it is reasonably practicable to do so, notice must also be given to the child’s parent or guardian.

s 94 ins 2005 No. 64s 7

amd 2013 No. 15s 41

Part 5 Deciding applications

pt hdg ins 2005 No. 64s 7

pt 5 div 2A hdg ins 2006 No. 57 s 30

om 2013 No. 15 s 44

Division 1 Where and when an application may be heard

div hdg ins 2005 No. 64s 7

95Where application is to be decided

An application for an impounding order or a forfeiture order for a motorbike noise order offence must be heard and decided by the relevant court.

s 95 ins 2005 No. 64s 7

amd 2013 No. 15s 42

96[Repealed]

s 96 ins 2005 No. 64s 7

amd 2006 No. 26s 18; 2006 No. 57s 24

om 2013 No. 15s 43

96A[Repealed]

s 96A ins 2006 No. 57s 25

om 2013 No. 15s 43

97When application to be heard—motorbike noise order offence

(1)An application for an impounding order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 1 motorbike noise order offence.
(2)An application for a forfeiture order for a motorbike noise order offence must be heard and decided as soon as practicable after the person to whom the application relates is found guilty of 2 motorbike noise order offences committed on 2 occasions within the prescribed period.
(3)However, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made—
(a)the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and
(b)no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates;

the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order.

(4)An application to which subsection (3) applies is taken, for division 3, to be an application for an impounding order.

s 97 ins 2005 No. 64s 7

amd 2006 No. 26s 19; 2006 No. 57s 26

Division 2 Consideration of application if made for motorbike noise order offence

div hdg prev div 2 hdg ins 2005 No. 64s 7

amd 2006 No. 57s 27

om 2013 No. 15s 44

pres div 2 hdg (prev div 3 hdg) ins 2005 No. 64s 7

renum 2013 No. 15s 45

99A[Repealed]

s 99A ins 2006 No. 57s 30

om 2013 No. 15s 44

100Consideration of application for impounding order

(1)On the hearing of an application for an impounding order for a motorbike noise order offence, the relevant court may order that the motorbike be impounded for 3 months if the driver of the motorbike has been found guilty of a motorbike noise order offence.
(2)Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103.
(3)Despite subsection (1), the relevant court may—
(a)make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and
(b)order that the motorbike be released to the owner.
(4)Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.

s 100 ins 2005 No. 64s 7

amd 2006 No. 57s 31

101Consideration of application for forfeiture order

(1)On the hearing of an application for a forfeiture order for a motorbike noise order offence, the relevant court may order that the motorbike be forfeited to the State or impounded for the period, of not more than 3 months, fixed by the court if the driver of the motorbike has been found guilty of a motorbike noise order offence committed on 2 occasions within the prescribed period.
(2)If—
(a)under subsection (1), the relevant court orders the impounding of the motorbike to which the application relates; and
(b)a relevant court has previously made an impounding order under section 100 for a motorbike noise order offence committed within the relevant period and forming the basis of the application;

the motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 100 relates.

(3)Also, if the driver of the motorbike was a child when the last offence was committed, the relevant court must consider whether to make a costs order under section 103.
(4)Despite subsection (1), the relevant court may—
(a)make an order under section 102 for the performance by the driver of the motorbike of community service as decided by the court; and
(b)order that the motorbike be released to the owner.
(5)Also, if an owner of the motorbike raises the defence mentioned in section 107 and the relevant court is satisfied the defence has been made out, the court may order that the motorbike be released to the owner.
(6)On the making of a forfeiture order for a motorbike—
(a)the motorbike becomes the property of the State; and
(b)any right of a person to enforce a security interest under the Personal Property Securities Act 2009 (Cwlth) against a person other than the State by taking possession of the motorbike is extinguished.

s 101 ins 2005 No. 64s 7

amd 2006 No. 26s 21; 2006 No. 57s 32; 2010 No. 44s 190

Division 3 Community service orders in relation to motorbike noise direction offences or motorbike noise order offences

div hdg ins 2013 No. 15s 46

div 3 sdiv 1 hdg ins 2005 No. 64s 7

om 2013 No. 15s 47

102Community service instead of impounding or forfeiture order

(1)This section applies if—
(a)the relevant court is satisfied impounding or forfeiting a motorbike will cause severe financial or physical hardship to an owner or usual driver of the motorbike; and
(b)the driver to whom the application relates was an adult when he or she committed the last offence in relation to which the application is made.
(2)The court may, instead of ordering the impounding or forfeiture of the motorbike, order the driver to perform not more than 240 hours community service.
(3)An order made under subsection (2)—
(a)is taken to be an order made under the Penalties and Sentences Act 1992 for the performance of community service under a fine option order under that Act; and
(b)is taken to have been made in the proceeding for the vehicle related offence or motorbike noise order offence giving rise to the application for the impounding order or forfeiture order.

s 102 ins 2005 No. 64s 7

amd 2013 No. 15s 48

Division 4 [Repealed]

(Repealed)

div hdg ins 2005 No. 64s 7

om 2013 No. 15s 46

Part 5A Other provisions about applications and orders

pt hdg ins 2013 No. 15s 49

Division 1 Costs orders for child drivers

div hdg ins 2013 No. 15s 50

div 1 sdiv 2 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 50

div 1 sdiv 3 hdg ins 2005 No. 64 s 7

om 2013 No. 15 s 53

103Costs order for child drivers

(1)This section applies if—
(a)all of the following apply—
(i)a court finds a person guilty of a prescribed offence;
(ii)the person was a child when he or she committed the offence;
(iii)the motor vehicle to which the offence relates is impounded or immobilised; or
(b)a relevant court makes an impounding order or a forfeiture order for a motorbike noise order offence and the driver of the motorbike was a child when he or she committed the last offence in relation to which the order is made.
(2)The court must consider whether the child has the capacity to pay the costs of removing or keeping the motor vehicle and, if the court considers the child has the capacity to pay those costs, may order the child to pay the costs of removing or keeping the motor vehicle.
(3)If, after considering any submissions made by the child or the child’s parent, the court considers the child does not have the capacity to pay the costs of removing or keeping the motor vehicle, the court may call on the child’s parent under applied section 258 to show cause under applied section 259, as directed by the court, why the parent should not pay the costs of removing or keeping the motor vehicle.
(4)The court may, under applied section 259(5), order the child’s parent to pay the costs of removing or keeping the motor vehicle.
(5)In this section—
applied section 258 means the Youth Justice Act 1992, section 258, as applied by section 104.
applied section 259 means the Youth Justice Act 1992, section 259, as applied by section 104.
parent includes a guardian other than the chief executive (child safety).

s 103 ins 2005 No. 64s 7

amd 2009 No. 34s 45(1) sch pt 1 amdt 27; 2013 No. 15s 51; 2016 No. 62 s 493 sch 1 pt 1

104Application of applied sections for s 103

(1)This section states how applied sections 258 and 259 apply for section 103.
(2)Applied section 258 applies as if—
(a)subsections (1) and (9) were omitted; and
(b)a reference in the applied section—
(i)to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and
(ii)to the prosecution were a reference to—
(A)the applicant for the impounding order or forfeiture order; or
(B)otherwise—the prosecution for the prescribed offence.
(3)Applied section 259 applies as if—
(a)a reference in the applied section—
(i)to compensation were a reference to the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and
(ii)to the prosecution were a reference to—
(A)the applicant for the impounding order or forfeiture order; or
(B)otherwise—the prosecution for the prescribed offence; and
(b)a reference in applied section 259(4) to a show cause hearing is a reference to the hearing and determination of the issue of whether a parent should be ordered, under applied section 259(5), to pay the costs of removing or keeping a motor vehicle impounded or immobilised under this chapter; and
(c)applied section 259(4), to the extent it mentions the director of public prosecutions, does not apply; and
(d)the expression in applied section 259(5) ‘of the matters mentioned in section 258(1)(a), (b) and (c)’ read instead as ‘that the parent should be ordered to pay the costs of removing or keeping a motor vehicle impounded or immobilised under the Police Powers and Responsibilities Act 2000, chapter 4’.
(4)Also, in relation to an order made under applied section 259(5)—
(a)the Youth Justice Act 1992, section 260 does not apply to that order; and
(b)the order is instead taken to be an order fining a person for an offence for the purposes of the State Penalties Enforcement Act 1999, section 34.

s 104 ins 2005 No. 64s 7

amd 2006 No. 26s 3sch 1; 2009 No. 34s 45(1) sch pt 1 amdt 27; 2013 No. 15s 52

Division 2 Offences

div hdg ins 2013 No. 15s 53

105Offence to remove vehicle from holding yard

(1)A person must not unlawfully remove a motor vehicle impounded under this chapter from a holding yard.

Maximum penalty—40 penalty units.

(2)For subsection (1), it does not matter how the motor vehicle came to be in the holding yard.

s 105 ins 2005 No. 64s 7

amd 2006 No. 26s 3sch 1

105AFailure to comply with requirement to produce motor vehicle

A person must comply with a requirement under section 74K, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

s 105A ins 2013 No. 15s 54

105BOffence to operate vehicle during number plate confiscation period

A person must not operate a motor vehicle during a number plate confiscation period applying to the vehicle without reasonable excuse or unless the motor vehicle is moved under section 74I.

Maximum penalty—40 penalty units.

s 105B ins 2013 No. 15s 54

105COffence to remove, tamper with or modify number plate confiscation notice

A person must not, without reasonable excuse, remove, tamper with, or modify a number plate confiscation notice that has been attached to a motor vehicle under section 74H.

Maximum penalty—40 penalty units.

s 105C ins 2013 No. 15s 54

105DOffence to tamper with, remove or modify immobilising device

A person must not, without reasonable excuse, tamper with, remove or modify an immobilising device attached to a motor vehicle.

Maximum penalty—40 penalty units.

s 105D ins 2013 No. 15s 54

105EOffence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified

A person must not, without reasonable excuse, operate a motor vehicle if an immobilising device attached to the motor vehicle has been unlawfully removed, tampered with or modified.

Maximum penalty—40 penalty units.

s 105E ins 2013 No. 15s 54

105FOffence to breach condition made on release of motor vehicle

A person must not contravene a condition made on the release of a motor vehicle by the commissioner under part 2, division 2 unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

s 105F ins 2013 No. 15s 54

106Offence to modify, sell or dispose of motorbike before application decided

(1)This section applies if a motorbike that is the subject of an application for an impounding order or a forfeiture order is released to the owner of the motorbike before the application is decided.
(2)The owner of the motorbike must not modify or sell or otherwise dispose of the motorbike until the application for the impounding order or forfeiture order is decided or otherwise ends.

Maximum penalty for subsection (2)—40 penalty units.

s 106 ins 2005 No. 64s 7

amd 2013 No. 15s 55

106AOffence to modify, sell or dispose of motor vehicle subject to vehicle production notice

(1)This section applies if a motor vehicle is the subject of an vehicle production notice given under section 74K.
(2)The owner of the motor vehicle must not, without reasonable excuse, modify or sell or otherwise dispose of the motor vehicle while the motor vehicle is the subject of the vehicle production notice.

Maximum penalty for subsection (2)—40 penalty units.

s 106A ins 2013 No. 15s 56

107Defence in relation to motorbike noise order offences

In a proceeding for an impounding order or a forfeiture order in relation to a motorbike, it is a defence for an owner of the motorbike to prove that a motorbike noise order offence happened without the knowledge and consent of the owner.

Example—

A parent lends a motorbike to his or her child to visit friends and the child commits a motorbike noise order offence on the motorbike. If the Magistrates Court is satisfied, on evidence tendered or submissions made by the parent, that the child committed the offence without the knowledge and consent of the parent, the Magistrates Court may order the motorbike’s return to the parent.

s 107 ins 2002 No. 33s 6

amd 2005 No. 64s 3 sch

sub 2013 No. 15s 57

108Counting the occasions—general

(1)For sections 74A, 74B, 74C, 74D, 74E, 74F and 101, for an occasion of the commission of an offence to be counted in addition to another occasion counted, an occasion must be a separate occasion, that is, an event or series of events that happened on an occasion separate to the event or series of events making up the other occasion.
(2)However, if a series of events that would, apart from this subsection, be treated as a single occasion of the commission of an offence under subsection (1) includes the intervention in any way by a police officer between the commission of 1 vehicle related offence and another vehicle related offence or 1 motorbike noise offence and another motorbike noise offence in the course of the events, the events that happen after the police officer’s intervention must be treated as a separate occasion.

Example for subsection (2)—

A driver commits a vehicle related offence at 10p.m. on 1 January. The driver is stopped by a police officer. Before the driver can be given a notice to appear in relation to the vehicle related offence, the driver continues to commit the offence but using another motor vehicle. A police officer again stops the driver. The police officer impounds both motor vehicles. Because a police officer has intervened between the happening of the first and second offences, the occasions must be treated as 2 separate occasions for this chapter.

s 108 ins 2005 No. 64s 8

amd 2005 No. 64s 3 sch; 2006 No. 57s 33(1)–(3), (5)–(6), (9)–(10); 2013 No. 15s 58

108AReferences to previous occasions in ss 74A, 74B, 74C, 74D, 74E, 74F and 91

In sections 74A, 74B, 74C, 74D, 74E, 74F and 91, a reference to a vehicle related offence or a motorbike noise order offence committed on a previous occasion is a reference to a vehicle related offence or motorbike noise order offence committed on an occasion before the occasion on which the initiating impoundment offence was committed.

s 108A (prev s 108(3)) amd 2006 No. 57s 33(4)

renum 2006 No. 57s 33(7)

amd 2013 No. 15s 59

108BMatters for decisions under ss 74A, 74B, 74C, 74D, 74E, 74F and 101

(1)Subject to sections 108 and 108A, for a decision under sections 74A, 74B, 74C, 74D, 74E, 74F and 101 of whether or not a person has, or has previously, been charged with, or found guilty of, a vehicle related offence or motorbike noise order offence committed on a previous occasion or any occasion or occasions, the following do not matter—
(a)whether or not any finding of guilt relied on relates to a charge heard and decided together with another charge or other charges relating to another or other findings of guilt being relied on;
(b)whether or not findings of guilt relied on relate to charges that were heard and decided in the order in which the occasions of the commission of offences to which they related happened;
(c)whether or not any occasion of the commission of an offence, or any charge or any finding of guilt, relied on happened before or after any occasion of the commission of an offence, charge or finding of guilt also relied on.

Example—

An offender commits vehicle related offences on 1 January (offence 1), 1 May (offence 2) and 1 June (offence 3). The offender is charged with offence 1 on 1 January, offence 2 on 1 May and offence 3 on 1 June. The offender is convicted of offence 3 on 15 June and offences 1 and 2 on 1 October. When a court or magistrate considers the application for impoundment or forfeiture on 1 December, for the purpose of counting the occasions mentioned in this subsection, there are 3 occasions the court may rely on to make an order.
(2)For a decision under section 100 or 101, the following do not matter—
(a)whether or not any finding of guilt relied on is for an offence in relation to which the application was originally started;

Example for paragraph (a)—

An application may relate to particular vehicle related offences but before the application is decided, the driver is found guilty of another vehicle related offence. The court may rely on the latter finding of guilt when making an order under the sections mentioned.
(b)whether or not any finding of guilt relied on in an application relates to an offence committed before or after the application was started.

s 108B (prev s 108(4)–(5)) amd 2006 No. 57s 33(8)

renum 2006 No. 57s 33(11)

amd 2013 No. 15s 60

109Appeal

(1)An order made against a person under section 102 for the performance of community service may be appealed against as a sentence imposed on the person.
(2)A person may appeal against any other order of a relevant court or magistrate under this chapter to the District Court within 28 days after the day the order is made.
(3)Also, a person may appeal against an order of the District Court under this division to the Court of Appeal within 28 days after the day the order is made.
(4)On the appellant’s application, an appeal under subsection (2) may be by way of rehearing from the start.

s 109 ins 2002 No. 33s 6

amd 2005 No. 64s 9

110Powers for enforcing court order

(1)This section applies if a relevant court, on an application under this chapter for an impounding order or forfeiture order for a motorbike, makes an impounding order or a forfeiture order for the motorbike.
(2)For giving effect to the impounding order or forfeiture order, the relevant court may, in the order, authorise a police officer, without warrant, to enter any place the police officer reasonably suspects is a place where the motorbike may be found and search for, impound, or if the motorbike is forfeited to the State, take possession of, and remove the motorbike.
(3)If the impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2), power to enter the place includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for the purpose.

s 110 ins 2002 No. 33s 6

amd 2003 No. 92s 12; 2005 No. 64s 10; 2006 No. 26s 22; 2013 No. 15s 61

Part 6 Other provisions

pt hdg ins 2005 No. 64s 11

Division 1 Liability for cost of impounding or immobilisation

div hdg ins 2005 No. 64s 11

amd 2013 No. 15s 62

111State’s liability to pay costs of impounding or immobilisation

(1)Unless otherwise expressly provided by this division, the State is not liable to pay the costs of removing a motor vehicle impounded or immobilised under this chapter and keeping it for the period for which it is impounded or immobilised.
(2)However, the State is liable to pay the costs of removing an impounded or immobilised vehicle and keeping it if—
(a)the driver of the motor vehicle—
(i)was a child when he or she committed the offence for which it was impounded or immobilised; or
(ii)is found not guilty of the offence for which the motor vehicle was impounded or immobilised; or
(b)the proceeding for the offence for which the motor vehicle was impounded or immobilised is withdrawn.

s 111 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 11

amd 2006 No. 57s 34; 2013 No. 15s 63

112Liability to pay costs of impounding or immobilisation—adult driver

(1)This section applies in relation to a motor vehicle impounded or immobilised for a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was an adult when he or she committed the offence for which it was impounded or immobilised.
(2)The driver of the motor vehicle is liable to pay the costs of removing or keeping the motor vehicle.
(3)If the driver is found guilty of the prescribed offence or motorbike noise direction offence, any costs paid by someone else on the driver’s behalf become a debt payable to the other person by the driver.

s 112 ins 2005 No. 64s 11

amd 2006 No. 57s 35; 2013 No. 15s 64

113Liability to pay costs of impounding or immobilisation—child driver

(1)This section applies in relation to a motor vehicle impounded or immobilised because of a prescribed offence or a motorbike noise direction offence if the driver of the motor vehicle was a child when he or she committed the offence for which it was impounded or immobilised.
(2)If the child is found guilty by a court of a prescribed offence or motorbike noise direction offence in relation to the motor vehicle—
(a)the child is liable to pay the costs of removing or keeping the motor vehicle if the court orders under section 103 that the child pay the costs; or
(b)if the court orders, under that section, the child’s parent to pay the costs of removing or keeping the motor vehicle under applied section 259, the child’s parent is liable to pay the costs of removing or keeping the motor vehicle.
(3)If the court orders the child to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111(2) become a debt payable to the State by the child.
(4)If the court orders the child’s parent or guardian to pay the costs of removing or keeping the motor vehicle, any costs paid by the State under section 111(2) become a debt payable to the State by the child’s parent or guardian.

s 113 ins 2005 No. 64s 11

amd 2006 No. 57s 36

sub 2013 No. 15s 65

114Payment of costs if motor vehicle not recovered

(1)This section applies if a person who is entitled to recover a motor vehicle after a period of impoundment ends fails to recover the motor vehicle after the period ends.
(2)If—
(a)before the period of impoundment ends, the owner was personally given an impounding notice for the motor vehicle; and
(b)the owner was the driver when the vehicle was impounded;

the owner is liable to pay the costs of keeping the motor vehicle for each day after the period of impounding ends, whether or not the driver is found guilty of the offence for which the vehicle is impounded.

(3)If—
(a)before the period of impoundment ends, the owner was given an impounding notice for the motor vehicle; and
(b)the owner was not the driver of the motor vehicle when it was impounded;

the owner is liable to pay the costs of keeping the vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the driver is found guilty of the offence for which the vehicle is impounded.

(4)If, after the period of impoundment ends, the owner was given an impounding notice for the motor vehicle, the owner is liable to pay the costs of keeping the motor vehicle for each day that is more than 2 business days after the owner is given the impounding notice, whether or not the owner was the driver and whether or not the driver is found guilty of the offence for which the vehicle is impounded.
(5)If the owner was not the driver of the motor vehicle and pays the costs of keeping the motor vehicle as required under subsection (2), (3) or (4), the owner may recover the costs paid from the driver as a debt.

s 114 ins 2005 No. 64s 11

amd 2006 No. 57s 37

115Registration of costs under State Penalties Enforcement Act 1999

(1)If an adult who is liable to pay costs under section 113(4) fails to pay the costs, the commissioner may give particulars of the costs to the registrar under the State Penalties Enforcement Act 1999 for registration under that Act as if—
(a)the commissioner were the registrar of a court; and
(b)the particulars were particulars of a fine imposed by a court and the amount of the fine were unpaid after the time allowed by the court for payment.
(2)The registrar must register the particulars under the State Penalties Enforcement Act 1999, section 34.
(3)For this section, the adult who is liable to pay costs under this division fails to pay the costs if—
(a)the commissioner obtains an order for payment of costs against the person; and
(b)the commissioner gives the person a copy of the order and a letter of demand for payment of the costs; and
(c)the person fails to pay the costs within 28 days after receiving the copy of the order and the letter of demand, or the longer period agreed to by the commissioner.

s 115 ins 2005 No. 64s 11

amd 2006 No. 57s 38

Division 2 Release of impounded or immobilised vehicle

div hdg ins 2005 No. 64s 11

amd 2013 No. 15s 66

116Release of motor vehicle impounded or immobilised under this chapter

(1)This section applies if—
(a)an impounding notice or immobilising notice under section 78 was given to a person; or
(b)an impounding notice under section 81 was given to a person.
(2)If the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard at which it is kept, including under an impounding order, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, and on payment of the costs, to recover the motor vehicle from the holding yard.
(2A)Also, if the owner of the motor vehicle is liable to pay the costs of removing the motor vehicle to, and keeping it at, a place at which it is kept, the owner is entitled, when the period for which the motor vehicle is immobilised ends, and on payment of the costs, to recover the motor vehicle from the place.
(3)If, under section 111(2), the State is liable to pay the costs of removing the motor vehicle to, and keeping it at, the holding yard or place at which it is kept, the owner is entitled, when the impoundment period for which the motor vehicle is impounded ends, or the period for which the motor vehicle is immobilised ends, to recover the motor vehicle from the holding yard or place, whether or not the State has paid the costs.
(4)At the request of the owner, the person holding the motor vehicle must release the motor vehicle to the owner, or a person appointed in writing by the owner, at the first reasonably practicable opportunity, during business hours on a business day, after the request is made and on payment of any costs for which the owner is liable as mentioned in subsection (2) or (2A).
(5)In this section—
business hours means 8a.m. to 5p.m.

s 116 ins 2002 No. 33s 6

sub 2005 No. 64s 12

amd 2006 No. 26s 23; 2006 No. 57s 39; 2013 No. 15s 67

117Release of motor vehicle if driver found not guilty etc.

(1)If a driver is found not guilty of the prescribed offence or the proceeding is discontinued, the motor vehicle must be released to the owner as soon as reasonably practicable if it is impounded under this chapter.
(2)However, a motor vehicle may not be released under subsection (1) if the driver has been charged with having committed another prescribed offence for which the motor vehicle may be impounded or immobilised.
(3)If subsection (2) applies to the motor vehicle, the motor vehicle may be impounded or immobilised for the prescribed impoundment period that would have applied if the offence mentioned in subsection (1) had not happened.

Examples of operation of subsections (2) and (3)—

1A driver is charged with having committed a type 1 vehicle related offence (the first offence) while driving motor vehicle A. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 74. A week later, the driver is charged with having committed another type 1 vehicle related offence while driving motor vehicle B. Motor vehicle B is impounded under section 74A. On the next day, the charge for the first offence is withdrawn. Motor vehicle A must be released under this section. However, motor vehicle B may be impounded until the prescribed impoundment period of 90 days ends as if it had been impounded under section 74.
2A driver is charged with having committed a second type 2 vehicle related offence while driving motor vehicle A (the second offence). Motor vehicle A is impounded for a prescribed impoundment period of 7 days under section 74C. Motor vehicle A is then returned to the driver. A week later the driver is charged during the relevant period with having committed a third type 2 vehicle related offence while driving motor vehicle A. The charge for second offence has not been decided at that time. Motor vehicle A is impounded for a prescribed impoundment period of 90 days under section 79D. Thirty days after motor vehicle A is impounded, the charge for the second offence is withdrawn. Motor vehicle A must be released under this section as the prescribed impoundment period of 7 days under section 74C would have already ended.
(4)A reference in subsection (1) to a proceeding being discontinued includes, for a prescribed offence that is a vehicle related offence for which an infringement notice has been served under section 71, the withdrawal of the infringement notice under the State Penalties Enforcement Act 1999.

s 117 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 12

amd 2013 No. 15s 68

Division 3 Sale, transfer or disposal of impounded, immobilised or forfeited motor vehicle

div hdg ins 2005 No. 64s 12

amd 2013 No. 15s 69

118Sale of motor vehicle if not recovered after impounding ends

(1)This section applies if, within 30 days after a period of impounding ends—
(a)the owner of the motor vehicle does not recover the motor vehicle; or
(b)after making reasonable inquiries, a police officer can not find out who owns the motor vehicle.
(2)The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.
(3)For subsection (2), the motor vehicle is taken to have been forfeited to the State.
(4)Notice of the proposed sale or disposal must be published on the police service website.
(5)If the name and address of the owner of the motor vehicle is known—
(a)the commissioner must also give written notice of the proposed sale or disposal to the owner; and
(b)the owner’s name and address must not be published on the police service website.

s 118 ins 2002 No. 33s 6

sub 2005 No. 64s 12; 2006 No. 57s 40

amd 2014 No. 1s 5

118ASale of impounded motor vehicle if driver fails to appear

(1)This section applies in relation to a motor vehicle impounded under section 74A if—
(a)the motor vehicle is impounded until the end of proceedings under section 74A(2); and
(b)a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the second or subsequent type 1 vehicle related offence mentioned in section 74A(1).
(2)This section also applies in relation to a motor vehicle impounded under section 74E if—
(a)the motor vehicle is impounded until the end of proceedings under section 74E(2); and
(b)a court orders that a warrant issue for the arrest of the driver of the motor vehicle to be brought before the court to be dealt with according to law because the driver fails to appear before the court in relation to the charge for the fourth or subsequent type 2 vehicle related offence mentioned in section 74E(1).
(3)On the warrant being issued the motor vehicle is taken to have been forfeited to the State.
(4)The commissioner may sell the motor vehicle and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.
(5)Notice of the proposed sale or disposal must be published on the police service website.
(6)If the name and address of the owner of the motor vehicle is known—
(a)the commissioner must also give written notice of the proposed sale or disposal to the owner; and
(b)the owner’s name and address must not be published on the police service website.

s 118A ins 2013 No. 15s 70

amd 2014 No. 1s 6

119Voluntary transfer of ownership of motorbike to State

(1)This section applies despite section 106.

Note—

Under section 106 it is an offence for the owner of a motorbike that is the subject of an impounding order or forfeiture order application to modify, sell or otherwise dispose of the motorbike before the application is decided.
(2)The owner of a motorbike to which section 106 applies may agree to transfer ownership of the motorbike to the State.
(3)The agreement must be written and witnessed by a person who may witness a statutory declaration.
(4)If the State agrees in writing to the transfer of the motorbike—
(a)the motorbike becomes the property of the State; and
(b)the commissioner may sell or dispose of the motorbike and anything in or on it in the way the commissioner considers appropriate.

s 119 ins 2002 No. 33s 6

sub 2005 No. 64s 12

amd 2013 No. 15s 71

120Disposal of forfeited motor vehicle

The commissioner may dispose of a motor vehicle forfeited to the State under this chapter in the way the commissioner considers appropriate, including by selling it.

s 120 ins 2002 No. 33s 6

amd 2003 No. 92s 3 sch

sub 2005 No. 64s 12

121Application of proceeds of sale

(1)This section applies if the commissioner decides to sell a motor vehicle under section 118, 118A or 120.
(2)The proceeds of the sale are to be applied in the following order—
(a)in payment of the expenses of the sale;
(b)in payment of the costs of removing and keeping the motor vehicle and for searching registers for giving notice of the motor vehicle’s impounding or immobilisation;
(c)if there is an amount owing to a person under a security interest registered for the motor vehicle under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing to the holder of the security interest;
(d)if the motor vehicle is sold under section 118—in payment of any balance to the owner;
(da)if the motor vehicle is sold under section 118A
(i)if the owner was not the subject of a warrant mentioned in section 118A(1)(b) or (2)(b)—in payment of any balance to the owner; or
(ii)otherwise—in payment to the consolidated fund;
(e)if the motor vehicle is sold under section 120—in payment to the consolidated fund.

s 121 ins 2002 No. 33s 6

sub 2005 No. 64s 12

amd 2010 No. 44s 191; 2013 No. 15s 72

121ACompensation for disposal of motor vehicle if driver found not guilty etc.

(1)This section applies if—
(a)a driver is found not guilty of a prescribed offence or the proceeding for the offence is discontinued; and
(b)the commissioner has before the happening of the event mentioned in paragraph (a) received the motor vehicle to which the offence relates under this chapter; and
(c)the commissioner has—
(i)sold the motor vehicle; or
(ii)otherwise disposed of the vehicle.
(2)Compensation is payable by the State to the person whose motor vehicle is sold or otherwise disposed of.
(3)The Minister is to decide the amount of the compensation.
(4)A person who is dissatisfied with the Minister’s decision under subsection (3) may apply to a court, within 28 days, for compensation under this section.
(5)If the person applies under subsection (4), the court may decide the amount of the compensation.

s 121A ins 2013 No. 15s 73

Division 4 Other provisions

div hdg ins 2005 No. 64s 12

122Protection from liability

(1)A police officer acting in good faith and without negligence is not liable for any damage, loss or depreciation to a motor vehicle, including the motor vehicle’s number plates, during the impounding or immobilisation of the motor vehicle.
(2)If subsection (1) prevents liability attaching to a police officer, liability instead attaches to the State.
(3)Also, if a police officer signs a towing authority under section 77 for the motor vehicle, the State is not liable for any damage, loss or depreciation to the motor vehicle while it is being moved under the towing authority and while it is impounded in the holding yard of the person authorised under the towing authority to tow the motor vehicle or immobilised at a place.

s 122 prev s 122 amd 2000 No. 22s 6

om 2005 No. 45s 6

pres s 122 ins 2002 No. 33s 6

amd 2003 No. 22s 30 sch; 2004 No. 53s 2 sch

sub 2005 No. 64s 12

amd 2013 No. 15s 74

123Third party protection relating to forfeiture

(1)This section applies in relation to—
(a)a person, other than the defendant, who has an interest in a motor vehicle forfeited to the State under part 2, division 1 or 1A; or
(b)a person, other than the defendant, who did not appear at the hearing of an application for a forfeiture order and has an interest in the motor vehicle forfeited to the State under the order.
(1A)The person may apply to the determining court for an order under subsection (6).
(2)Subsection (1A) applies even though the value of the motor vehicle may be more than the maximum amount that may be claimed in a personal action in the civil jurisdiction of a Magistrates Court.
(3)Unless the determining court gives leave, the application must be made—
(a)for forfeiture under part 2, division 1 or 1A—before the end of the period of 6 months starting on the day the motor vehicle became the property of the State; or
(b)for a forfeiture order—before the end of the period of 6 months starting on the day the forfeiture order was made.
(4)The relevant court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.
(5)Unless the relevant court gives leave, a person who was given notice of the application for the forfeiture order can not apply to the court for an order under subsection (6).
(6)On an application, an order may be made—
(a)declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the motor vehicle; and
(b)directing the State—
(i)if the motor vehicle is still vested in the State—to transfer the motor vehicle to the applicant; or
(ii)if the motor vehicle is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the motor vehicle after taking into account any amount paid to the holder of a registered security interest under section 121(2)(c).
(7)The relevant court must, and may only, make the order if it is satisfied—
(a)the applicant has or, apart from the forfeiture, would have a genuine interest in the motor vehicle; and
(b)the relevant prescribed offence happened without the knowledge and consent of the applicant.
(8)For all applications, including applications for leave to apply—
(a)the applicant must give notice of the making of the application to the commissioner; and
(b)the party given notice is a party to the application.
(9)In this section—
defendant means the person found guilty of the prescribed offence because of which the forfeiture under part 2, division 1 or 1A happened or the forfeiture order was made.
determining court means—
(a)for forfeiture under part 2, division 1 or 1A—the Magistrates Court for the Magistrates Court district, or division of the district, in which the motor vehicle was impounded for the prescribed offence; or
(b)for a forfeiture order—the relevant court to which the application for the order was made.
relevant prescribed offence means the prescribed offence because of which the forfeiture under part 2, division 1 or 1A happened or the forfeiture order was made.

s 123 prev s 123 om 2005 No. 45s 6

pres s 123 ins 2002 No. 33s 6

amd 2005 No. 64s 13; 2007 No. 1s 11sch 1; 2013 No. 15s 75

Chapter 4A [Repealed]

ch hdg ins 2013 No. 45s 60

amd 2016 No. 62 s 291

om 2016 No. 62 s 318

Part 1 [Repealed]

pt hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 1 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123A[Repealed]

s 123A ins 2013 No. 45s 60

om 2016 No. 62 s 318

123C[Repealed]

s 123C ins 2013 No. 45s 60

om 2016 No. 62 s 318

123D[Repealed]

s 123D ins 2013 No. 45s 60

om 2016 No. 62 s 318

123E[Repealed]

s 123E ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 2 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123F[Repealed]

s 123F ins 2013 No. 45s 60

om 2016 No. 62 s 318

Part 2 [Repealed]

pt hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 1 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123H[Repealed]

s 123H ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 2 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 1 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123I[Repealed]

s 123I ins 2013 No. 45s 60

om 2016 No. 62 s 318

123J[Repealed]

s 123J ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 2 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123K[Repealed]

s 123K ins 2013 No. 45s 60

om 2016 No. 62 s 318

123L[Repealed]

s 123L ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 3 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123M[Repealed]

s 123M ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 3 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123N[Repealed]

s 123N ins 2013 No. 45s 60

om 2016 No. 62 s 318

123O[Repealed]

s 123O ins 2013 No. 45s 60

om 2016 No. 62 s 318

123P[Repealed]

s 123P ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 4 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123Q[Repealed]

s 123Q ins 2013 No. 45s 60

om 2016 No. 62 s 318

123R[Repealed]

s 123R ins 2013 No. 45s 60

om 2016 No. 62 s 318

123S[Repealed]

s 123S ins 2013 No. 45s 60

om 2016 No. 62 s 318

123T[Repealed]

s 123T ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 5 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 1 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123U[Repealed]

s 123U ins 2013 No. 45s 60

om 2016 No. 62 s 318

123V[Repealed]

s 123V ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 2 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123W[Repealed]

s 123W ins 2013 No. 45s 60

om 2016 No. 62 s 318

123Y[Repealed]

s 123Y ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZA [Repealed]

s 123ZA ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZB [Repealed]

s 123ZB ins 2013 No. 45s 60

amd 2016 No. 62 s 296

om 2016 No. 62 s 318

123ZC [Repealed]

s 123ZC ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 3 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZD [Repealed]

s 123ZD ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZE [Repealed]

s 123ZE ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZF [Repealed]

s 123ZF ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZG [Repealed]

s 123ZG ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZH [Repealed]

s 123ZH ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZI [Repealed]

s 123ZI ins 2013 No. 45s 60

om 2016 No. 62 s 318

Subdivision 4 [Repealed]

sdiv hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZJ [Repealed]

s 123ZJ ins 2013 No. 45s 60

om 2016 No. 62 s 318

Part 3 [Repealed]

pt hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZK [Repealed]

s 123ZK ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZL [Repealed]

s 123ZL ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZM [Repealed]

s 123ZM ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZN [Repealed]

s 123ZN ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZO [Repealed]

s 123ZO ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZP [Repealed]

s 123ZP ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZQ [Repealed]

s 123ZQ ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZR [Repealed]

s 123ZR ins 2013 No. 45s 60

om 2016 No. 62 s 318

Part 4 [Repealed]

pt hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 1 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZS [Repealed]

s 123ZS ins 2013 No. 45s 60

amd 2016 No. 62 s 297

om 2016 No. 62 s 318

123ZT [Repealed]

s 123ZT ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZU [Repealed]

s 123ZU ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZV [Repealed]

s 123ZV ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZW [Repealed]

s 123ZW ins 2013 No. 45s 60

om 2016 No. 62 s 318

Division 2 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZX [Repealed]

s 123ZX ins 2013 No. 45s 60

amd 2016 No. 62 s 298

om 2016 No. 62 s 318

Division 3 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZY [Repealed]

s 123ZY ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZ [Repealed]

s 123ZZ ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZA [Repealed]

s 123ZZA ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZB [Repealed]

s 123ZZB ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZC [Repealed]

s 123ZZC ins 2013 No. 45s 60

amd 2016 No. 62 s 299

om 2016 No. 62 s 318

Division 4 [Repealed]

div hdg ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZD [Repealed]

s 123ZZD ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZE [Repealed]

s 123ZZE ins 2013 No. 45s 60

om 2016 No. 62 s 318

123ZZF [Repealed]

s 123ZZF ins 2013 No. 45s 60

om 2016 No. 62 s 318

Chapter 5 Removal powers generally for vehicles or loads or things on roads

ch hdg ins 2005 No. 64s 14

sub 2008 No. 67s 201

Part 1 Power to seize or remove

pt hdg (prev div 1 hdg) ins 2005 No. 64s 14

renum 2007 No. 1s 11sch 1

sub 2008 No. 67s 202

124AA Definitions for pt 1

In this part—
load includes any goods, equipment or thing—
(a)that is carried by, in or on a vehicle, or is attached to a vehicle; or
(b)that was carried by, in or on a vehicle or attached to a vehicle, but has become separated from the vehicle.
moving expenses, for a vehicle, load or other thing, means actual expenses relating to 1 or more of the following acts in relation to the exercise of a power in prescribed circumstances—
(a)calling a service or towing vehicle to the vehicle, load or other thing;
(b)seizing or moving the vehicle, load or other thing;
(c)removing the vehicle, load or other thing;
(d)storing the vehicle, load or other thing after it has been removed;
(e)releasing a vehicle, load or other thing mentioned in paragraph (d) from storage;
(f)disposing of a vehicle, load or other thing mentioned in paragraph (c) other than by selling it.
prescribed circumstance means a prescribed circumstance under section 125.
used includes held in possession.

s 124AA ins 2008 No. 67s 203

124Removal of vehicle or load or other thing

(1)A police officer may, in a prescribed circumstance, seize and move a vehicle, load or other thing mentioned in the prescribed circumstance, or arrange for it to be moved, to another place for safe keeping.
(2)In a prescribed circumstance mentioned in section 125(1)(c) or (d), the police officer may, without seizing a vehicle or load, instead move the vehicle or load, or arrange for it to be moved, to another place where it can be located by its driver or owner or person in control of it.
(2A)In the prescribed circumstance mentioned in section 125(2), the police officer may, without seizing the vehicle, load or other thing instead move the vehicle, load or other thing, or arrange for it to be moved, off the road including to another place.
(3)Subsections (1) to (2A) do not prevent the driver, or owner or person in control of the vehicle, load or other thing taking possession of it, with the consent of the police officer, before or while it is being moved.

s 124 prev s 124 amd 2004 No. 8s 28

om 2005 No. 45s 6

pres s 124 ins 2005 No. 64s 14

amd 2008 No. 67s 204

125Prescribed circumstances for s 124

(1)The prescribed circumstances for section 124 are as follows—
(a)the person in control of a vehicle or load has been arrested;
(b)a police officer reasonably suspects the person who was last in control of a vehicle or load has abandoned it;
(c)a police officer—
(i)reasonably suspects a vehicle or load has been involved in a relevant vehicle incident; and
(ii)reasonably believes it is necessary to keep the vehicle or load for completing inquiries and investigations into the incident;
(d)a police officer reasonably suspects a vehicle or load has been left in circumstances that are an offence against any of the following and the person in control of the vehicle or load can not be easily located or fails to comply with a direction of the police officer to move the vehicle or load immediately—
the Heavy Vehicle National Law (Queensland)
the Road Use Management Act
the Brisbane Forest Park Act 1977
the Recreation Areas Management Act 2006
the Nature Conservation Act 1992.
(2)Also, without limiting subsection (1) it is a prescribed circumstance for section 124 if—
(a)either—
(i)a vehicle or load on a road is immobilised by a breakdown, collision or fuel shortage or is otherwise stationary; or
(ii)another thing that is not abandoned is placed or comes to rest on a road; or
(iii)without limiting subsection (1)(b), a police officer reasonably suspects a vehicle, load or other thing on a road is abandoned; and
(b)a police officer—
(i)can not immediately find the person in control of the vehicle, load or other thing; or
(ii)can immediately find the person in control of the vehicle, load or other thing but reasonably believes the person is unable or unwilling to move the vehicle, load or other thing immediately; and
(c)the police officer reasonably believes that it is necessary for the vehicle, load or other thing to be moved off the road for the safety or convenience of people using the road.

Example of inconvenience—

A vehicle is stopped on a median strip on a road but, due to the distraction caused by it, traffic is banking up.

s 125 prev s 125 om 2005 No. 45s 6

pres s 125 ins 2005 No. 64s 14

amd 2006 No. 20s 253 (amd 2007 No. 56s 46); 2008 No. 67s 205; 2013 No. 26s 34

Part 2 Other provisions about seizure or moving

pt hdg (prev div 2 hdg) ins 2005 No. 64s 14

renum 2007 No. 1s 11sch 1

amd 2008 No. 67s 206

125ARecovering moving and seizure expenses in particular circumstances

(1)The commissioner may recover as a debt the moving expenses for a vehicle, load or other thing incurred by a police officer in exercising powers in the prescribed circumstances.
(2)The moving expenses may be recovered from—
(a)the person who was in control of the vehicle, load or other thing immediately before it was seized or moved; or
(b)if the identity of the person mentioned in paragraph (a) can not be discovered—the vehicle, load or other thing’s owner, unless the vehicle, load or other thing was being used without the owner’s consent.
(3)The moving expenses claimed under subsection (1) must be reasonable.
(4)If moving expenses were incurred because of the paramount or high degree of importance given to moving the vehicle, load or other thing off a road quickly as mentioned in section 128B(2)(a), a court must act on the basis that the expenses were reasonable.

s 125A ins 2008 No. 67s 207

126Steps after seizing a vehicle, load or other thing

(1)As soon as practicable, but within 14 days after seizing or moving a vehicle, load or other thing under this chapter, the police officer who seized or moved it must give or arrange for another police officer to give to the owner, if known, a notice stating—
(a)how the owner may recover the vehicle, load or other thing; and
(b)that, before the vehicle, load or other thing may be recovered, the person—
(i)may be required to produce satisfactory evidence of the ownership of the vehicle, load or other thing; and
(ii)must pay the moving expenses; and
(c)the penalty for unlawfully removing the vehicle, load or other thing from the place at which it is held.
(2)If practicable, the notice must be given to the owner personally.
(3)If it is not practicable to comply with subsection (2), the notice may be published on the police service website.
(3A)A police officer need not give the notice required by this section in relation to a vehicle seized or moved in the prescribed circumstances mentioned in section 125(2) if—
(a)the police officer reasonably believes the vehicle is abandoned; and
(b)either—
(i)the proceeds of the vehicle’s sale are not likely to cover—
(A)the moving expenses for the vehicle; and
(B)the expenses incurred by the commissioner in selling the vehicle; or
(ii)it is otherwise impracticable to give the notice.
(3B)A police officer need not give the notice required by this section in relation to something other than a vehicle seized or moved in the prescribed circumstances mentioned in section 125(2) if—
(a)the police officer reasonably believes the thing is abandoned; or
(b)the proceeds of the thing’s sale are not likely to cover—
(i)the moving expenses for the thing; and
(ii)the expenses incurred by the commissioner in selling the thing; or
(c)it is otherwise impracticable to give the notice.
(4)A requirement under this Act to return the vehicle, load or other thing applies subject to section 127.
(5)In this section—
something other than a vehicle, for subsection (3B), includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter.
vehicle, for subsection (3A), includes the vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.

s 126 prev s 126 amd 2004 No. 8s 29

om 2005 No. 45s 6

pres s 126 ins 2005 No. 64s 14

amd 2008 No. 67s 208; 2014 No. 1s 7

127Disposal of seized or moved vehicle, load or other thing

(1)If, within 1 month after notice of the seizure or moving of a vehicle, load or other thing under this chapter is given, the owner does not recover the vehicle, load or other thing, the commissioner may sell the vehicle, load or other thing by public auction or dispose of it in the way the commissioner considers appropriate.
(2)Notice of the proposed sale must be published on the police service website.

s 127 prev s 127 amd 2004 No. 8s 30

om 2005 No. 45s 6

pres s 127 ins 2005 No. 64s 14

amd 2008 No. 67s 209; 2014 No. 1s 8

128Application of proceeds of sale

(1)The proceeds of the sale of a vehicle, load or other thing under section 127 must be applied in the following order—
(a)in payment of the expenses of the sale;
(b)in payment of the moving expenses and giving notice under section 126;
(c)if there is an amount owing to an entity under a security interest registered for the vehicle, load or other thing under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;
(d)in payment of any balance to the owner.
(2)Compensation is not recoverable against the State for a payment under this section.

s 128 prev s 128 amd 2004 No. 8s 31

om 2005 No. 45s 6

pres s 128 ins 2005 No. 64s 14

amd 2008 No. 67s 210; 2010 No. 44s 192

128AImmediate disposal in particular circumstances

(1)Despite any other provision of this part, a police officer exercising powers under part 1 may dispose of something other than a vehicle when and in the way the police officer considers appropriate if—
(a)the police officer reasonably suspects the thing has been abandoned; or
(b)the proceeds of any sale of the thing are unlikely to cover—
(i)the moving expenses for the thing; and
(ii)the expenses likely to be incurred by the chief executive in selling the thing; or
(c)it is otherwise impracticable to retain the removed thing.

Example—

The police officer may immediately dispose of gravel spilled on a road by a passing truck by having it bulldozed off the side of the road.
(2)In this section—
something other than a vehicle
(a)includes anything, including the load of a vehicle, that has become separated from the vehicle during the exercise of powers under this chapter; and
(b)does not include a vehicle’s load to the extent it has remained with the vehicle during the exercise of powers under this chapter.

s 128A ins 2008 No. 67s 211

128BProtection for persons exercising power under ch 5

(1)This section applies to proceedings in relation to liability for breach of duty arising out of damage to a vehicle, load or other thing that happens when a person exercises power, or assists another person exercising power, under this chapter in relation to the seizure or moving of a vehicle, load or other thing.
(2)The person, or a person assisting the person, is not civilly liable—
(a)because of the paramount or high degree of importance the person gave to moving the vehicle, load or other thing off the road quickly; or
(b)to the extent there was an increased likelihood that vehicles, loads or other things would be damaged in the exercise of power mentioned in subsection (1), because of the nature of the power.

s 128B ins 2008 No. 67s 211

Part 3 General towing authority

pt hdg (prev div 3 hdg) ins 2005 No. 64s 14

renum 2007 No. 1s 11sch 1

129Police officer may authorise tow after seizure under any Act

(1)This section applies if—
(a)a police officer seizes a vehicle, load or other thing under an Act; or
(b)the owner of a damaged vehicle, load or other thing, or the owner’s agent, is away from the vehicle, load or other thing or incapacitated.
(2)A police officer may sign a towing authority for the vehicle, load or other thing.
(3)The driver of a tow truck towing the vehicle, load or other thing under the towing authority must tow the vehicle, load or other thing to—
(a)the nearest holding yard available to the driver; or
(b)if directed by a police officer, the nearest police establishment or other place directed by the police officer.
(4)A person must not unlawfully remove a vehicle, load or other thing from the place to which it is towed under subsection (3).

Maximum penalty for subsection (4)—40 penalty units.

(5)In this section—
tow includes carry, lift and tow, lift and carry and lift for the purpose of towing.
towing authority means—
(a)a towing authority under the Tow Truck Act 1973; or
(b)another document authorising a person to tow a vehicle, load or other thing.

s 129 prev s 129 om 2005 No. 45s 6

pres s 129 ins 2005 No. 64s 14

amd 2008 No. 67s 212

Part 2 [Repealed]

pt hdg orig ch 5 pt 2 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Division 1 [Repealed]

(Repealed)

div hdg orig ch 5 pt 2 div 1 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Division 2 [Repealed]

(Repealed)

div hdg orig ch 5 pt 2 div 2 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Division 3 [Repealed]

(Repealed)

div hdg orig ch 5 pt 2 div 3 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Division 4 [Repealed]

(Repealed)

div hdg orig ch 5 pt 2 div 4 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Division 5 [Repealed]

(Repealed)

div hdg orig ch 5 pt 2 div 5 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Part 3 [Repealed]

(Repealed)

pt hdg orig ch 5 pt 3 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Part 4 [Repealed]

(Repealed)

pt hdg orig ch 5 pt 4 hdg ins 2000 No. 22s 8

om 2005 No. 45s 12

Chapter 6 Powers relating to animals

ch hdg ins 2005 No. 64s 14

Part 1 Interpretation

pt hdg ins 2005 No. 64s 14

130Definition for ch 6

In this chapter—
person in charge, of an animal, means—
(a)a person who owns or has a lease, licence or other proprietary interest in the animal; or
(b)a person who has care, control or custody of the animal; or
(c)a person who is employing or has engaged someone else who has care, control or custody of the animal and the care, control or custody is within the scope of the employment or engagement.

s 130 prev s 130 amd 2004 No. 8s 37; 2005 No. 17s 8

om 2005 No. 45s 6

pres s 130 ins 2005 No. 64s 14

Part 2 General powers

pt hdg ins 2005 No. 64s 14

131Power of inquiry into road use contraventions involving an animal

(1)It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.
(2)Also, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act has been committed involving an animal.

s 131 prev s 131 amd 2004 No. 53s 2 sch

om 2005 No. 45s 6

pres s 131 ins 2005 No. 64s 14

132Power to require information about identity of person in charge of animal

(1)This section applies if a person alleges to a police officer, or a police officer reasonably suspects, a contravention of the Road Use Management Act involving an animal has been committed.
(2)A police officer may require any of the following to give to the police officer information that will identify or help identify the person who was in charge of the animal when the contravention happened—
(a)an owner of the animal;
(b)a person in possession of the animal;
(c)a person who may reasonably be expected to be able to give the information.

Note—

Failure to comply with a requirement under this section is an offence against section 791.

s 132 ins 2005 No. 64s 14

133Power of entry for ss 131132

(1)For sections 131 and 132, a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry.
(2)However, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

s 133 ins 2005 No. 64s 14

134Power for regulating animal traffic

(1)A police officer may give to a person in charge of an animal any direction the police officer reasonably considers necessary for the safe and effective regulation of animal traffic on the road.
(2)Without limiting subsection (1), a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct animal traffic and pedestrians.
(3)The direction may include a direction to the person in charge of an animal to move the animal as soon as practicable.

s 134 ins 2005 No. 64s 14

amd 2006 No. 26s 24

Part 3 Stopping animals for prescribed purposes

pt hdg ins 2006 No. 26s 25

135Stopping animals for prescribed purposes

(1)A police officer may require the person in control of an animal, whether or not the animal is pulling a vehicle, to stop the animal for a prescribed purpose.
(2)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(3)The prescribed purposes are as follows—
(a)for enforcing a transport Act;
(b)to check whether the vehicle the animal is pulling or the person in control of the animal is complying with a transport Act;
(c)for monitoring or enforcing a liquor provision;
(d)for enforcing a contravention of law involving putting, dropping and leaving litter on a public place.
(4)For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the police officer reasonably suspects the exercise of the power may be effective for the purpose—
(a)if the animal is pulling a vehicle—enter the vehicle and remain in it for the time reasonably necessary for the purpose;
(b)search anything on the animal or in the vehicle;
(c)photograph or film—
(i)the animal and anything on the animal; and
(ii)if the animal is pulling a vehicle, the vehicle or anything in it;
(d)if the animal is pulling a vehicle, inspect, measure or test the vehicle or anything in it;
(e)take samples of anything on the animal or in the vehicle;
(f)seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;
(g)copy a document in something on the animal or in the vehicle;
(h)move the vehicle’s load.
(5)In this section—
in, for a vehicle, includes on the vehicle.
liquor provision means any of the following provisions—
(a)the Liquor Act 1992, section 168B, 168C, 169 or 171;
(b)the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38.
monitor, a liquor provision, means check whether the provision is being complied with.

s 135 ins 2006 No. 26s 25

amd 2007 No. 59s 152 sch; 2008 No. 30s 48

136Power to enable effective and safe exercise of other powers

(1)A police officer may require the person in control of an animal pulling a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this part in relation to the animal or vehicle.
(2)Also, a police officer may require the person in control of an animal pulling a vehicle, or a person who is on or has just left the animal or is in or on or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary—
(a)to enable the police officer to safely exercise a power under a transport Act in relation to the animal or vehicle; or
(b)to preserve the safety of the police officer, the person or other persons.
(3)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—60 penalty units.

s 136 ins 2006 No. 26s 25

Part 4 Removal powers for animals

pt hdg ins 2005 No. 64s 3 sch

137Removal of animals from roads and other places

(1)A police officer may, in prescribed circumstances, seize and move an animal, or arrange for it to be moved, to another place for safe keeping.
(2)In the prescribed circumstances mentioned in section 138(c), (d) or (e), the police officer may instead move the animal, or arrange for it to be moved, to another place where it can be located by the person in charge of the animal.
(3)Subsections (1) and (2) do not prevent the person in charge of the animal taking possession of it, with the consent of the police officer, before or while it is being moved.

s 137 amd 2005 No. 64s 3 sch

138Prescribed circumstances for removing animals

The prescribed circumstances for removal of animals are as follows—
(a)the person in charge of an animal has been arrested;
(b)a police officer reasonably suspects the person who was last in charge of an animal has abandoned it;
(c)a police officer—
(i)reasonably suspects an animal has been involved in a relevant vehicle incident; and
(ii)reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident;
(d)a police officer reasonably suspects an animal has been left on a road unattended, temporarily or otherwise, and because of the time for which it has been left unattended, the way it has been left unattended, or the place, condition, or circumstances in which it has been left unattended, its presence on the road—
(i)may be dangerous to others; or
(ii)may prevent or hinder the lawful use by others of the road or a part of the road;
(e)a police officer reasonably suspects an animal has been left in circumstances that are an offence against any of the following Acts and the person in charge of the animal can not be easily located or fails to comply with a direction of the police officer to move the animal immediately—
the Road Use Management Act
the Brisbane Forest Park Act 1977
the Recreation Areas Management Act 2006
the Nature Conservation Act 1992;
(f)a police officer reasonably suspects—
(i)a contravention of an Act has happened; and
(ii)the contravention involves an animal; and
(iii)it is necessary to take steps to protect the animal.

s 138 amd 2005 No. 64s 3 sch; 2006 No. 20s 253 (amd 2007 No. 56s 46)

139Steps after seizing animal

(1)As soon as practicable, but within 14 days after seizing and moving an animal under this part, the police officer who seized it must give or arrange for another police officer to give to the owner, if known, a notice stating—
(a)how the owner may recover the animal; and
(b)that, before the animal may be recovered, the person—
(i)may be required to produce satisfactory evidence of the ownership of the animal; and
(ii)must pay the costs of removing and keeping the animal.
(2)If practicable, the notice must be given to the owner personally.
(3)If it is not practicable to comply with subsection (2), the notice may be published on the police service website.
(4)A requirement under this Act to return the animal applies subject to section 140.

s 139 amd 2005 No. 64s 3 sch; 2014 No. 1s 9

140Recovery of seized animal

(1)If, within 1 month after notice of the seizure of an animal under this part is given, the owner does not recover the animal, the commissioner may sell the animal and anything in or on it by public auction or dispose of it in the way the commissioner considers appropriate.
(2)Notice of the proposed sale must be published on the police service website.

s 140 amd 2005 No. 64s 3 sch; 2014 No. 1s 10

141Application of proceeds of sale

(1)The proceeds of the sale of an animal under section 140 must be applied in the following order—
(a)in payment of the expenses of the sale;
(b)in payment of the cost of seizing and keeping the animal and giving notice of its seizure;
(c)if there is an amount owing to an entity under a security interest registered for the animal under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;
(d)in payment of any balance to the owner.
(2)Compensation is not recoverable against the State for a payment under this section.

s 141 amd 2005 No. 64s 3 sch; 2010 No. 44s 193

Part 5 Animal welfare directions

pt hdg ins 2005 No. 64s 3 sch

142Application of pt 5

(1)This part applies if a police officer reasonably suspects—
(a)a person has committed, is committing or is about to commit, an animal welfare offence; or
(b)an animal—
(i)is not being cared for properly; or
(ii)is experiencing undue pain; or
(iii)requires veterinary treatment; or
(iv)should not be used for work.

Example for subparagraph (iv)—

A horse with ‘saddle sore’ should not be used by a riding school.
(2)This part also applies if an animal has been seized under section 146(2)(d).
(3)In this section—
animal means an animal under the Animal Care and Protection Act.
veterinary treatment, of an animal, means—
(a)consulting with a veterinary surgeon about the animal’s condition; or
(b)a medical or surgical procedure performed on the animal by a veterinary surgeon; or
(c)a medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.

s 142 ins 2001 No. 64s 226

amd 2002 No. 33 s 7; 2004 No. 53s 2 sch; 2005 No. 64s 3 sch

143Power to give animal welfare direction

(1)The police officer may give a written direction (an animal welfare direction) requiring stated action about the animal or its environment.

Note—

See the Animal Care and Protection Act, section 161 (Failure to comply with animal welfare direction) and the schedule, definition animal welfare direction.
(2)The direction may be given to—
(a)a person in charge of the animal; or
(b)a person whom the police officer reasonably suspects is a person in charge of the animal; or
(c)if the animal has been seized under section 137(1), 146(2)(c) or (d) or 157(1)(h)—
(i)a person who, immediately before the seizure, was a person in charge of the animal; or
(ii)a person whom the police officer reasonably suspects was, immediately before the seizure, a person in charge of the animal.
(3)Also, the direction may be given to a person who holds a mortgage or other security interest in the animal only if the person has taken a step to enforce the mortgage or other security interest.
(4)Without limiting subsection (1), the direction may require any of the following action to be taken—
(a)care for, or treat, the animal in a stated way;
(b)provide the animal with stated accommodation, food, rest, water or other living conditions;
(c)consult a veterinary surgeon about the animal’s condition before a stated time;
(d)move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a), (b) or (c);
(e)not to move the animal from the place where it is situated when the direction is given.
(5)However, action may be required only if the police officer considers it to be necessary and reasonable in the interests of the animal’s welfare.
(6)The direction may state how the person given the direction may show that the stated action has been taken.

s 143 ins 2001 No. 64s 226

amd 2003 No. 82s 88 sch; 2004 No. 27s 28; 2005 No. 64s 15

144Requirements for giving animal welfare direction

(1)An animal welfare direction must—
(a)be in the approved form for an animal welfare direction under the Animal Care and Protection Act; and
(b)describe—
(i)the animal in a way that reasonably allows the person given the direction to identify it; or
(ii)if the direction is given because the police officer reasonably suspects a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and
(c)state—
(i)each requirement; and
(ii)a time for the person to comply with each requirement; and
(d)include an information notice under the Animal Care and Protection Act about the decision to give the direction.
(2)Despite subsection (1)(a), an animal welfare direction may be given orally if—
(a)the police officer considers it to be in the interests of the animal’s welfare to give the direction immediately; and
(b)for any reason it is not practicable to immediately give the direction in the approved form; and
(c)the police officer warns the person it is an offence not to comply with the direction unless the person has a reasonable excuse.
(3)If the direction is given orally, the police officer must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.
(4)An animal welfare direction may state that a police officer proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—
(a)a vehicle of which the person is the person in control;
(b)another place of which the person is the occupier.

s 144 ins 2001 No. 64s 226

145Review and appeal for animal welfare direction

If an animal welfare direction has been given, the Animal Care and Protection Act, chapter 7, part 4, applies to the decision to give the direction as if—
(a)the decision were an original decision under that Act; and
(b)the person given the direction were, under that part, an interested person for the decision.

s 145 ins 2001 No. 64s 226

Part 6 Other provisions about animals

pt hdg ins 2005 No. 64s 3 sch

146Power in relation to offences involving animals

(1)This section applies if—
(a)a police officer reasonably suspects—
(i)an offence involving an animal has been, is being or is about to be committed at or involving a place; or
(ii)an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or
(iii)there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or
(b)the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and—
(i)the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and
(ii)a police officer proposes to enter the place at the stated time or interval to check compliance with the direction.
(2)The police officer may enter the place and do any of the following—
(a)search for and inspect—
(i)any animal; or
(ii)any brand, mark, branding instrument, pliers or other device used to identify an animal;
(b)open anything in the relevant place that is locked;
(c)seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal;
(d)seize an animal at the place if—
(i)the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or

Examples of imminent risk of death or injury—

1A prohibited event under the Animal Care and Protection Act is being conducted at the place.
2The animal is being beaten or tortured.
(ii)the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act, or a court order about the animal;
(e)muster, yard, detain, clip or otherwise deal with the animal;
(f)take reasonable measures to relieve the pain of an animal at the place.

Examples of measures—

feeding, untethering or watering the animal
(3)Also, the police officer may, for exercising powers under subsection (2), stop—
(a)travelling livestock; and
(b)a vehicle apparently being used to transport animals; and
(c)a vehicle apparently being used by someone accompanying the animals.
(4)In this section—
animal includes livestock.

s 146 amd 2001 No. 64s 227; 2002 No. 49s 37 sch

147Powers to provide relief to animal

(1)Subsection (2) applies if—
(a)a police officer reasonably suspects—
(i)an animal at a place, other than a vehicle, is suffering from lack of food or water or is entangled; and
(ii)the person in charge of the animal is not, or is apparently not, present at the place; and
(b)the animal is not at a part of the place at which a person resides, or apparently resides.
(2)The police officer may enter and stay at the place while it is reasonably necessary to provide the food or water or to disentangle the animal.
(3)A police officer may enter a vehicle if the officer reasonably suspects there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.
(4)If a police officer enters a vehicle under subsection (3), the officer may take reasonable measures to relieve the pain of an animal at the place.

Examples of measures—

feeding, untethering or watering the animal
(5)This section does not limit section 146.

s 147 ins 2001 No. 64s 228

amd 2014 No. 1s 11

148Power to destroy animal

A police officer may destroy an animal, or cause it to be destroyed, if—
(a)the animal has been seized under section 137(1), 146(2)(c) or (d) or 157(1)(h) or the animal’s owner has given written consent to the destruction; and
(b)the police officer reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.

s 148 ins 2001 No. 64s 228

amd 2004 No. 27s 29

149Offence to interfere with seized animals

(1)This section applies if an animal is seized under this Act.
(2)A person, other than a police officer or a person authorised by a police officer for the purpose, must not—
(a)interfere with the animal; or
(b)enter or be on the place where the animal is being kept; or
(c)move the animal from where it is being kept; or
(d)attempt to do anything mentioned in paragraph (a), (b) or (c); or
(e)have the animal in the person’s possession or under the person’s control.

Maximum penalty—20 penalty units or 6 months imprisonment.

Chapter 7 Search warrants, obtaining documents, accessing registered digital photos and other information, and crime scenes

ch hdg amd 2008 No. 71s 4

Part 1 Searching places with warrants

150AA Definitions

In this part—
access information means information that is necessary for a person to access and read information stored electronically on a storage device.

def access information ins 2016 No. 62 s 300(2)

control order property means anything under a person’s control that the person is prohibited from possessing under a control order or a registered corresponding control order under the Penalties and Sentences Act 1992.

def control order property ins 2016 No. 62 s 300(2)

criminal organisation control order property ...

def criminal organisation control order property om 2016 No. 62 s 300(1)

employee includes a person who works under a contract for services.

def employee ins 2016 No. 62 s 300(2)

issuer see section 150(7).

def issuer ins 2016 No. 62 s 300(2)

relevant evidence means—
(a)evidence of the commission of an offence; or
(b)evidence that may be confiscation related evidence.

def relevant evidence ins 2016 No. 62 s 300(2)

specified person means a person who—
(a)is—
(i)reasonably suspected of having committed an offence for which a search warrant was issued; or
(ii)the owner of a storage device; or
(iii)in possession of a storage device; or
(iv)an employee of the owner or person in possession of a storage device; or
(v)a person who uses or has used a storage device; or
(vi)a person who is or was a system administrator for the computer network of which a storage device forms or formed a part; and
(b)has a working knowledge of—
(i)how to access and operate a storage device or a computer network of which the storage device forms or formed a part; or
(ii)measures applied to protect information stored on a storage device.

def specified person ins 2016 No. 62 s 300(2)

storage device means a device on which information may be stored electronically, including a computer.

def storage device ins 2016 No. 62 s 300(2)

stored, on a storage device, includes accessible through the device.

def stored ins 2016 No. 62 s 300(2)

warrant evidence or property means the evidence or property mentioned in section 150(1) for which a warrant is issued under section 151.

s 150AA ins 2009 No. 53s 161

150Search warrant application

(1)A police officer may apply for a warrant to enter and search a place (a search warrant)—
(a)to obtain evidence of the commission of an offence; or
(b)to obtain evidence that may be confiscation related evidence; or
(c)to find a vehicle that is or is to be impounded or immobilised under chapter 4 or 22; or
(d)to find control order property; or
(e)if the place is premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—to find prohibited items at the place.
(2)The application may be made to any justice, unless the application must be made to a magistrate or Supreme Court judge under subsection (3) or (4).
(3)Unless the application must be made to a Supreme Court judge under subsection (4), the application must be made to a magistrate if the thing to be sought under the proposed warrant is—
(a)evidence of the commission of an offence only because—
(i)it is a thing that may be liable to forfeiture or is forfeited; or
(ii)it may be used in evidence for a forfeiture proceeding; or
(iii)it is a property tracking document; or
(b)evidence of the commission of an indictable offence committed in another State that, if it were committed in Queensland, would be an indictable offence in Queensland; or
(c)confiscation related evidence; or
(d)control order property; or

Example for paragraph (a)(ii)—

The search may be for evidence for which an application for a restraining order may be made under chapter 2 or chapter 3 of the Confiscation Act.
(e)a prohibited item.
(4)The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building.
(5)An application under this section must—
(a)be sworn and state the grounds on which the warrant is sought; and
(b)include information required under the responsibilities code about any search warrants issued within the previous year in relation to—
(i)for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or
(ii)for an application relating to premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—the premises; or
(iii)for another application—
(A)the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or
(B)the confiscation related activity to which the application relates.
(6)Subsection (5)(b) applies only to—
(a)information kept in a register that the police officer may inspect; and
(b)information the officer otherwise actually knows.
(7)The justice, magistrate or judge (the issuer) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

Example—

The issuer may require additional information supporting the application to be given by statutory declaration.

s 150 amd 2002 No. 68s 318; 2005 No. 64s 16; 2006 No. 26s 3sch 1; 2009 No. 53s 162; 2013 No. 21s 67; 2013 No. 45s 61; 2013 No. 15s 80 sch; 2016 No. 62 ss 301, 319

151Issue of search warrant

The issuer may issue a search warrant only if satisfied—
(a)there are reasonable grounds for suspecting the evidence or property mentioned in section 150(1)(a), (b), (c) or (d) is—
(i)at the place; or
(ii)likely to be taken to the place within the next 72 hours; or
(b)there are reasonable grounds for believing the prohibited items mentioned in section 150(1)(e) are—
(i)at the place; or
(ii)likely to be taken to the place within the next 72 hours.

s 151 amd 2002 No. 68s 319; 2009 No. 53s 163

sub 2016 No. 62 s 320

152If justice refuses application for search warrant

(1)If a justice refuses to issue a warrant, the police officer may apply to a magistrate or a judge for the issue of the warrant.
(2)However, the police officer must tell the magistrate or judge that the application is made because a justice refused to issue a warrant.
(3)Subsection (1) does not apply if the justice who refuses the warrant is or has been a Supreme Court judge, a District Court judge or a magistrate.

153Order in search warrant about documents

If the issuer is a magistrate or a judge, the issuer may, in a search warrant, order the person in possession of documents at the place to give to the police officer all documents of a type stated in the warrant.

s 153 amd 2006 No. 26s 26; 2007 No. 1s 11sch 1

154Order in search warrant about information necessary to access information stored electronically

(1)If the issuer is a magistrate or a judge, the issuer may, in a search warrant, order a specified person to do any of the following in relation to a storage device in the person’s possession, or to which the person has access, at the place—
(a)to give a police officer access to the storage device and the access information and any other information or assistance necessary for the police officer to be able to use the storage device to gain access to stored information that is accessible only by using the access information; and
(b)to allow a police officer given access to a storage device to do any of the following in relation to stored information stored on or accessible only by using the storage device—
(i)use the access information to gain access to the stored information;
(ii)examine the stored information to find out whether it may be evidence of the commission of an offence;
(iii)make a copy of any stored information that may be evidence of the commission of an offence, including by using another storage device;
(iv)convert information stored on the device that may be relevant evidence into documentary form or another form that enables it to be understood by a police officer.
(2)If the issuer is a magistrate or a judge, the issuer may also, in the search warrant, order that, if the storage device is seized and removed from the place, a specified person is required to do a thing mentioned in subsection (1)(a) or (b) after the device has been removed.
(3)An order made under subsection (2) must state—
(a)the time at or by which the specified person must give a police officer the information or assistance; and
(b)the place where the specified person must provide the information and assistance; and
(c)any conditions to which the provision of the information or assistance is subject.

s 154 ins 2006 No. 26s 27

amd 2016 No. 62 s 302

154A Order for access information after storage device has been seized

(1)This section applies if—
(a)a storage device is seized under the search warrant and removed from the place; and
(b)either—
(i)the search warrant did not contain an order made under section 154(1) or (2); or
(ii)the search warrant contained an order made under section 154(1) or (2) but further access information is required for a police officer to gain access to information stored on the device that may be relevant evidence.
(2)On the application of a police officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 154(1)(a) or (b).
(3)An application made under subsection (2)—
(a)may be made at any time after the warrant has been issued; and
(b)must be made—
(i)if the search warrant was issued by a judge—to a Supreme Court judge; or
(ii)if the search warrant was issued by a magistrate—to a magistrate.
(4)An order made under subsection (2) must state—
(a)the time at or by which the specified person must give a police officer the information or assistance; and
(b)the place where the specified person must provide the information or assistance; and
(c)any conditions to which the provision of the information or assistance is subject; and
(d)that failure, without reasonable excuse, to comply with the order may be dealt with under the Criminal Code, section 205A.
(5)A magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that information stored on the storage device may be relevant evidence.

s 154A ins 2016 No. 62 s 303

154B Compliance with order about information necessary to access information stored electronically

A person is not excused from complying with an order made under section 154(1) or (2) or 154A(2) on the ground that complying with it may tend to incriminate the person or make the person liable to a penalty.

s 154B ins 2016 No. 62 s 303

155When search warrant ends

(1)A search warrant issued because there are reasonable grounds for suspecting there is warrant evidence or property at a place ends—
(a)if the search warrant is for stock, whether or not it is also for anything else—21 days after it is issued; or
(b)otherwise—7 days after it is issued.
(2)A search warrant issued because there are reasonable grounds for suspecting warrant evidence or property is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.

s 155 amd 2002 No. 68s 320; 2009 No. 53s 164; 2014 No. 13s 21

156What search warrant must state

(1)A search warrant must state—
(a)a police officer may exercise search warrant powers under the warrant; and
(b)if the warrant is issued in relation to—
(i)an offence—brief particulars of the offence for which the warrant is issued; or
(ii)a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; or
(iii)a confiscation related activity—brief particulars of the activity; or
(iv)a vehicle that is or is to be impounded or immobilised under chapter 4 or 22—brief particulars of the authorisation to impound or immobilise; or
(v)control order property—brief details of the control order or registered corresponding control order under the Penalties and Sentences Act 1992; or
(vi)premises at which a senior police officer reasonably believes 1 or more disorderly activities have taken place and are likely to take place again—brief details of the disorderly activities; and
(c)the warrant evidence or property that may be seized under the warrant; and
(d)if the warrant is to be executed at night, the hours when the place may be entered; and
(e)the day and time the warrant ends.
(2)If the warrant relates to an offence and the offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it, the warrant may also state that a police officer may search anyone or anything in or on or about to board, or to be put in or on, the vehicle.
(3)If a magistrate or a judge makes an order under section 153 or 154(1) or (2), the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under—
(a)for section 153—the Criminal Code, section 205; or
(b)for section 154(1) or (2)—the Criminal Code, section 205A.

s 156 amd 2002 No. 68s 321; 2006 No. 26s 28; 2009 No. 53s 165; 2013 No. 45s 62; 2013 No. 15s 80 sch; 2016 No. 62 ss 304, 321

157Powers under search warrant

(1)A police officer may lawfully exercise the following powers under a search warrant (search warrant powers)—
(a)power to enter the place stated in the warrant (the relevant place) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section;
(b)power to pass over, through, along or under another place to enter the relevant place;
(c)power to search the relevant place for anything sought under the warrant;
(d)power to open anything in the relevant place that is locked;
(e)power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant;
(f)if the warrant relates to an offence and the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence, power to detain the person for the time taken to search the place;
(g)power to dig up land;
(h)power to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be warrant evidence or property to which the warrant relates;
(i)power to muster, hold and inspect any animal the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates;
(j)power to photograph anything the police officer reasonably suspects may provide warrant evidence or property to which the warrant relates, whether or not the thing is seized under the warrant;
(k)power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for warrant evidence or property;
(l)if the police officer is searching for stock—power to use any equipment, cut out camps, stockyards, dips, dams, ramps, troughs and other facilities on the place being searched that are reasonably needed to be used in the management of stock.
(2)Also, a police officer has the following powers if authorised under a search warrant (also search warrant powers)—
(a)power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person;
(b)power to do whichever of the following is authorised—
(i)to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle;
(ii)to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.
(3)Power to do anything at the relevant place that may cause structural damage to a building, may be exercised only if the warrant—
(a)authorises the exercise of the power; and
(b)is issued by a Supreme Court judge.

s 157 amd 2002 No. 68s 322; 2004 No. 53s 2 sch; 2006 No. 26s 29; 2009 No. 53s 166; 2014 No. 13s 22

158Copy of search warrant to be given to occupier

(1)If a police officer executes a search warrant for a place that is occupied, the police officer must—
(a)if the occupier is present at the place—give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant; or
(b)if the occupier is not present—leave the copy in a conspicuous place.
(2)If the police officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (1), but only for so long as—
(a)the police officer continues to have the reasonable suspicion; and
(b)that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep the place under observation.

Part 2 Search of place to prevent loss of evidence

159Application of pt 2

This part applies only in relation to the following offences (a part 2 offence)—
(a)an indictable offence;
(b)an offence involving gaming or betting;
(c)an offence against any of the following Acts—
Confiscation Act
Explosives Act 1999
Nature Conservation Act 1992
Weapons Act 1990;
(d)an offence against the Liquor Act 1992, section 168B or 168C.

s 159 amd 2002 No. 68s 323; 2008 No. 30s 49

160Search to prevent loss of evidence

(1)This section applies if a police officer reasonably suspects—
(a)a thing at or about a place, or in the possession of a person at or about a place is evidence of the commission of a part 2 offence; and
(b)the evidence may be concealed or destroyed unless the place is immediately entered and searched.
(2)This section also applies if a police officer reasonably suspects a part 2 offence has been, is being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it.
(3)A police officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.

161Post-search approval

(1)As soon as reasonably practicable after exercising powers under section 160, the police officer must apply to a magistrate in writing for an order approving the search (post-search approval order).
(2)The application must be sworn and state the grounds on which it is sought.
(3)The applicant need not appear at the consideration of the application, unless the magistrate otherwise requires.
(4)The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

162Making of post-search approval order

(1)The magistrate may make a post-search approval order only if satisfied—
(a)in the circumstances existing before the search—
(i)the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and
(ii)there was a reasonable likelihood that the evidence would be concealed or destroyed or may have caused injury to a person; or
(b)having regard to the nature of the evidence found during the search it is in the public interest to make the order.
(2)The magistrate may also make an order under section 693 or 694, whether or not a post-search approval order is made.

s 162 amd 2000 No. 22s 3 sch

163Appeal

(1)Within 28 days after either of the following happens, the commissioner may appeal against the order to the Supreme Court—
(a)a magistrate refuses to make a post-search approval order;
(b)a magistrate makes an order under section 162(2).
(2)If the police officer appeals, the police officer must retain the thing seized until the appeal is decided.
(3)The court may make an order under section 693 or 694 whether or not the appeal is upheld.

s 163 amd 2000 No. 22s 3 sch

Part 3 Crime scenes

Division 1 Establishment of crime scenes

164Gaining access to crime scenes

(1)It is lawful for a police officer—
(a)to enter a place to reach another place that the police officer reasonably suspects is a crime scene; and
(b)to enter a place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene.
(2)What is a reasonable time for subsection (1)(b) will depend on the particular circumstances including—
(a)the nature of any information obtained or any observation made that suggests the place is a crime scene; and
(b)visible evidence that will help decide whether it is a primary or secondary crime scene; and
(c)any preliminary inspection of the place.

165Initial establishment of crime scene

(1)If a police officer enters a place that may be a crime scene, or is lawfully at a place, and decides the place is a crime scene, the police officer (the responsible officer) may establish a crime scene and exercise crime scene powers at the place.

Note—

For crime scene powers, see division 3.
(2)If another police officer assumes control of the crime scene, that police officer becomes the responsible officer instead of the other officer.
(3)The responsible officer may establish the crime scene in any way that gives anyone wanting to enter the place enough notice that the place is a crime scene.

Examples—

1A police officer may stand at a door to stop people entering a building and tell them they can not enter the building.
2A police officer may put around a place barricades or tapes indicating the place is a crime scene.
3A police officer may display a written notice stating the place is a crime scene and unauthorised entry is prohibited.

s 165 amd 2006 No. 26s 3sch 1

166Responsibility after establishing crime scene

(1)As soon as reasonably practicable after the responsible officer establishes the crime scene, a police officer must apply to a Supreme Court judge or magistrate for a crime scene warrant.

Note—

For provisions about crime scene warrants, see division 2.
(2)Subsection (1) does not apply if the place is a public place.
(3)However, if the place is a public place only while it is ordinarily open to the public and the occupier of the place requires a police officer at the place to leave the place, the police officer may apply under division 2 for a crime scene warrant.
(4)The application must be made to a Supreme Court judge for a crime scene warrant if it is intended to do something that may cause structural damage to a building.
(5)Subsection (4) applies whether or not a magistrate has issued a crime scene warrant for the place.
(6)If a judge or magistrate refuses to issue a crime scene warrant for the place, the place stops being a crime scene.

167Deciding limits of crime scene

The responsible officer at a crime scene must—
(a)identify what is the crime scene; and
(b)decide the boundaries necessary to protect the crime scene; and
(c)mark the limits of the crime scene in a way that sufficiently identifies it to the public as a crime scene.

Example for paragraph (b)—

It may be necessary to establish a buffer zone around the crime scene.

168Restricting access to crime scene

(1)The responsible officer must immediately take the steps he or she considers to be reasonably necessary to protect anything at the crime scene from being damaged, interfered with or destroyed, including for example, steps necessary—
(a)to ensure people, including police officers, whose presence at the crime scene is not essential do not enter the crime scene; and
(b)to prevent unnecessary movement inside the boundaries of the crime scene; and
(c)to establish a safe walking area in the crime scene for reducing the risk of damage to any evidence that may be on the place.
(2)Also, a person, other than the responsible officer, must not enter a crime scene unless—
(a)the person has a special reason, associated with the investigation, for entering the crime scene; or
(b)the person is a police officer who is asked to enter the crime scene by the responsible officer or an investigating police officer; or
(c)the person is an authorised assistant; or
(d)the presence of the person is necessary to preserve life or property at a crime scene; or
(e)the person is authorised to enter by the responsible officer.

Examples for subsection (2)(a)—

1a police officer removing someone from the crime scene who should not be there
2a police officer investigating the offence
3a person accompanying a police officer to assist in the investigation or who has special knowledge of the place that is relevant to the investigation
(3)For subsection (2)(e), the responsible officer may authorise the entry subject to stated requirements.
(4)The responsible officer must ensure a record is made of the name of each person who is present when the crime scene is established or enters it after it is established, when each person entered the place after it is established, and the purpose of the entry.

169Preserving evidence at crime scene

The responsible officer at a crime scene must ensure that nothing in the crime scene is unnecessarily touched or moved—
(a)until all necessary forensic and technical examinations are finished; or
(b)unless there is a possibility that the thing could be damaged, interfered with or destroyed if it is not moved.

Examples of when evidence may be damaged or destroyed if a thing is not moved—

1if the arrival of the investigator, or an authorised assistant or specialist officer will be delayed and the scene is exposed to the weather
2if falling or threatened rain may damage fingerprints that may be on a knife left on the ground

Division 2 Crime scene warrants

170Application for crime scene warrant

(1)A police officer may apply to a Supreme Court judge or a magistrate for a warrant (a crime scene warrant) to establish a crime scene at a place.
(2)The application must be sworn and state the grounds on which it is sought.
(3)The occupier of the place must, if reasonably practicable, be given notice of the making of the application.
(4)Subsection (3) does not apply if the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation of the offence to which the application relates.
(5)If present when the application is made, the occupier may make submissions to the judge or magistrate (the issuer), but not submissions that will unduly delay the consideration of the application.
(6)The issuer may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

Example—

The issuer may require additional information supporting the application to be given by statutory declaration.

171Consideration of application and issue of crime scene warrant

(1)Before issuing a crime scene warrant, the issuer must have regard to the following—
(a)the nature and seriousness of the suspected offence;
(b)the likely extent of interference to be caused to the occupier of the place;
(c)the time, of not more than 7 days, for which it is reasonable to maintain a crime scene;
(d)any submissions made by the occupier.
(2)The issuer may issue a crime scene warrant only if reasonably satisfied the place is a crime scene.
(3)If before the application is considered, the place stops being a crime scene, the issuer may issue a crime scene warrant that has effect only for the time the place was a crime scene.

172What crime scene warrant must state

(1)A crime scene warrant must state—
(a)that a stated police officer may establish a crime scene at the place and exercise crime scene powers at the place; and
(b)the day, not more than 7 days after the warrant is issued, the warrant ends, unless extended under section 173(2).
(2)If the issuer is a Supreme Court judge, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building.

172A[Repealed]

s 172A ins 2000 No. 22s 8

om 2005 No. 45s 12

173Duration, extension and review of crime scene warrant

(1)A crime scene warrant stops having effect on the day fixed under the warrant or a later time fixed under subsection (2).
(2)The issuer may, on the application of a police officer made before a crime scene warrant stops having effect, extend the warrant for a stated reasonable time of not more than 7 days.

174Review of crime scene warrant

(1)If an application for a crime scene warrant was made in the absence, and without the knowledge, of the occupier of the place or the occupier had a genuine reason for not being present, the occupier may apply to the issuer for an order revoking the warrant.
(2)The issuer may revoke or refuse to revoke the warrant.
(3)The making of an application under subsection (1) or the Judicial Review Act 1991 for review of the warrant’s issue does not stay the effect of the warrant.

175Copy of crime scene warrant to be given to occupier

(1)If a police officer exercises powers under a crime scene warrant for a place that is occupied, the police officer must give to the occupier a copy of the warrant and a statement in the approved form summarising the person’s rights and obligations under the warrant.
(2)If the occupier is not present, the police officer must leave the copy in a conspicuous place.

Division 3 Powers at crime scenes

176Powers at crime scene

(1)The responsible officer at a crime scene, or a police officer acting under the direction of the responsible officer, may do any of the following in relation to the crime scene—
(a)enter the crime scene;
(b)if reasonably necessary, enter another place to gain access to the crime scene;
(c)perform any necessary investigation, including, for example, a search and inspection of the crime scene and anything in it to obtain evidence of the commission of an offence;
(d)open anything at the crime scene that is locked;
(e)take electricity for use at the crime scene;
(f)dig up anything at the crime scene;
(g)remove wall or ceiling linings or floors of a building, or panels or fittings of a vehicle;
(h)remove or cause to be removed an obstruction from the crime scene;
(i)photograph the crime scene and anything in it;
(j)seize all or part of a thing that may provide evidence of the commission of an offence.

Example for paragraph (j)—

It may be necessary to seize and remove a vehicle for scientific examination to obtain evidence that may be in the vehicle.
(2)However, if it is necessary to do anything at the place that may cause structural damage to a building, the thing must not be done unless a Supreme Court judge issues a crime scene warrant for the place before the thing is done and the warrant authorises the doing of the thing.
(3)An authorised assistant at a crime scene may also do a thing mentioned in subsection (1).
(4)However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene—
(a)enter the crime scene;
(b)if reasonably necessary, enter another place to gain access to the crime scene.

177Powers of direction etc. at crime scene

The responsible officer or a police officer acting under the direction of the responsible officer may, at a crime scene, do any of the following—
(a)direct a person to leave the crime scene or remove a vehicle or animal from the crime scene;
(b)remove or cause to be removed from the crime scene—
(i)a person who fails to comply with a direction to leave the crime scene; or
(ii)a vehicle or animal a person fails to remove from the crime scene;
(c)direct a person not to enter the crime scene;
(d)prevent a person from entering the crime scene;
(e)prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person;
(f)direct the occupier of the place or a person apparently in charge of the place to maintain a continuous supply of electricity at the place.

178Exercise of crime scene powers in public place

(1)It is lawful for a police officer to exercise powers under sections 176 and 177 at a public place without a crime scene warrant.
(2)However, if—
(a)the place is a public place only while it is ordinarily open to the public; and
(b)the occupier of the place asks a police officer or an authorised assistant to leave the place;

the police officer or authorised assistant may, despite the request, continue to act under subsection (1) for the time reasonably necessary for an application for a crime scene warrant for the place to be made and decided.

(3)An authorised assistant at a crime scene may also do a thing mentioned in section 176(1).
(4)However, the authorised assistant may do either of the following only if asked by a responsible officer to do something at the crime scene—
(a)enter the crime scene;
(b)if reasonable necessary, enter another place to gain access to the crime scene.

Division 4 General

179Alternative accommodation to be provided in some cases

(1)This section applies to the occupier of a dwelling if—
(a)the occupier can not continue to live in the dwelling while the crime scene is established because of a direction given at a crime scene; or
(b)the occupier can not continue to live in the dwelling because of damage caused to the dwelling in the exercise of powers under this part.
(2)The commissioner must, if the occupier asks, arrange suitable alternative accommodation for the occupier for the time the occupier can not live in the dwelling.
(3)The accommodation must, if reasonably practicable, be in the same locality as, and of at least a similar standard to, the occupier’s dwelling.
(4)This section does not apply to an occupier who is detained in lawful custody.

Part 4 Production notices

180Production notices

(1)This section applies if a police officer reasonably suspects a cash dealer holds documents that may be—
(a)evidence of the commission of an offence by someone else; or
(b)confiscation related evidence in relation to a confiscation related activity involving someone else; or
(c)SDOCO related evidence.
(2)The police officer may, instead of applying for a search warrant, apply to a justice or a magistrate for the issue of a notice (production notice) requiring the cash dealer to produce documents stated in the production notice to a police officer.
(3)The application must—
(a)be sworn and state the grounds on which the production notice is sought; and
(b)include information required under the responsibilities code about any production notices issued within the previous year in relation to—
(i)for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or
(ii)for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.
(4)Subsection (3)(b) applies only to—
(a)information kept in a register that the police officer may inspect; and
(b)information the police officer otherwise actually knows.
(5)The justice or magistrate (the issuer) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires.

Example—

The issuer may require additional information supporting the application to be given by statutory declaration.

s 180 amd 2002 No. 68s 324; 2013 No. 21s 68; 2016 No. 62 s 305

181Issue of production notice

(1)The justice or the magistrate may issue a production notice only if satisfied there are reasonable grounds for suspecting—
(a)documents the cash dealer holds may be—
(i)evidence of the commission of an offence; or
(ii)confiscation related evidence; and
(b)the cash dealer is not a party to the offence.
(2)The justice or the magistrate may, in the production notice, require the documents to be produced to a police officer within a stated time and at a stated place.

s 181 amd 2002 No. 68s 325; 2016 No. 62 s 306

182Copy of production notice to be given to cash dealer

A police officer must give a copy of a production notice to the cash dealer named in the notice as soon as reasonably practicable after it is issued.

183Procedural requirements—production notice

(1)A cash dealer given a production notice must comply with the notice.
(2)The cash dealer is not subject to any liability for complying with, or producing something in the honest belief that the dealer was complying with, a production notice.
(3)It is not an offence to fail to comply with a production notice.

184Power under production notice

(1)A police officer has the following powers in relation to a document produced under a production notice—
(a)power to inspect the document;
(b)power to take extracts from the document;
(c)power to make copies of the document;
(d)power to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.
(2)Subsection (1) applies subject to section 185.

s 184 amd 2002 No. 68s 326

185If cash dealer claims documents contain privileged communications

(1)If, under a production notice, a cash dealer produces a document the cash dealer claims contains privileged communications between the cash dealer and someone else, the police officer receiving the document—
(a)must as soon as reasonably practicable apply to a magistrate for an order for access to the document (access order); and
(b)may retain the document, but must not inspect it until the application is decided.
(2)Before making the application, the police officer must ask for whom and on what ground the claim is made and record the answers given.
(3)Also, the police officer must—
(a)place the document in a container or envelope; and
(b)seal the container or envelope; and
(c)sign the seal on the container or envelope; and
(d)ask the person producing the document for the cash dealer to sign the seal; and
(e)tell the person producing the document for the cash dealer the document will be retained and an application will be made for an order for access to the document.

186Making of access order

(1)A magistrate, or a justice authorised in writing by the magistrate, may make an access order for a document a cash dealer claims contains privileged communications between the cash dealer and someone else only if reasonably satisfied that in the particular circumstances the police officer should be allowed access to the document.
(2)If the magistrate or justice refuses to make the access order, the magistrate or justice may order that the document be returned to the cash dealer as soon as reasonably practicable.

187Provisions about access order

(1)An access order may state that a police officer may, in relation to documents to which it relates—
(a)exercise the powers in section 184; or
(b)copy the document and return the original document to the cash dealer.
(2)An access order that authorises copying of a document and its return to a cash dealer may order that the document be again produced to a court hearing a proceeding for an offence for which the document is to be used as evidence, if a police officer asks.
(3)If an access order authorises the copying of a document that is in electronic form, the order authorises the police officer to produce a hard-copy of the information contained in the document.

Part 5 Production orders

188Application of pt 5

(1)This part applies to the following within the meaning of the Confiscation Act—
(a)a confiscation offence;
(b)a serious crime related activity.
(2)For this part, the question whether a person has been charged with or found guilty of an interstate confiscation offence is to be decided in accordance with the law of the State in which the person is charged or found guilty.

s 188 amd 2002 No. 68s 327; 2004 No. 53s 2 sch

189Production order applications

(1)This section applies if a police officer reasonably suspects a person possesses a document that may be a property tracking document relating to—
(a)a confiscation offence of which a person has been found guilty; or
(b)a confiscation offence a police officer reasonably suspects a person has committed; or
(c)a serious crime related activity a police officer reasonably suspects a person has engaged in.
(2)A police officer may apply to a Supreme Court judge for an order (production order) requiring a person named in the application to produce the document to a police officer.
(3)The application must—
(a)be sworn and state the grounds on which the production order is sought; and
(b)include information specified in the responsibilities code about any production orders issued within the previous year in relation to the named person.
(4)Subsection (3)(b) applies only to—
(a)information kept in a register that the police officer may inspect; and
(b)information the police officer otherwise actually knows.
(5)The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.

Example—

The judge may require additional information supporting the application to be given by statutory declaration.

s 189 amd 2002 No. 68s 328

190Making of production orders

(1)The Supreme Court judge may make a production order only if satisfied there are reasonable grounds for suspecting the person possesses a document that may be a property tracking document relating to the confiscation offence or serious crime related activity mentioned in the application.
(2)If the application includes information that the police officer reasonably suspects that—
(a)the person who was found guilty of the offence, or who is suspected of having committed the offence, derived a benefit from the commission of the offence; and
(b)property specified in the information is subject to the effective control of the person;

the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the offence for this section.

(3)If an application relating to a serious crime related activity includes information that the police officer reasonably suspects—
(a)the person who is suspected of having engaged in the serious crime related activity derived a benefit from the person’s illegal activity; and
(b)the property specified in the information is subject to the effective control of the person;

the judge may treat any document relevant to identifying, locating or quantifying that property as a property tracking document in relation to the serious crime related activity for this section.

(4)In deciding whether to treat a document as a property tracking document under subsection (2) or (3), the judge may have regard to the matters mentioned—
(a)for subsection (2), in the Confiscation Act, section 187; or
(b)for subsection (3), in the Confiscation Act, section 82 or 89L.

s 190 amd 2002 No. 68s 329; 2013 No. 21s 69

191What production order must state

(1)The production order must—
(a)order a stated person—
(i)to produce to a police officer any documents, other than a financial institution’s books, of the kind mentioned in section 189(1) that are in the person’s possession; or
(ii)to make available to a police officer, for inspection, any documents of that kind that are in the person’s possession; and
(b)state when and the place where—
(i)documents that must be produced are to be produced; or
(ii)documents that must be made available for inspection are to be made available; and
(c)state that a police officer may enter the place and exercise the powers under section 192.
(2)Power to enter a place under a production order includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for enforcing the order.
(3)In this section—
financial institution’s books means accounting records used in the ordinary business of a financial institution, including ledgers, daybooks, cashbooks and account books.

s 191 amd 2006 No. 26s 30

192Powers under production order

A police officer has the following powers in relation to a document produced or made available under the production order—
(a)power to inspect the document;
(b)power to take extracts from the document;
(c)power to make copies of the document;
(d)power to seize the document if the officer reasonably suspects it is evidence of the commission of an offence or confiscation related evidence.

s 192 amd 2002 No. 68s 330

193Variation of production order

(1)If a Supreme Court judge makes a production order requiring a person to produce a document to a police officer, the person may apply to a Supreme Court judge for a variation of the order.
(2)If the judge is satisfied the document is essential to the business activities of the person, the judge may vary the production order so it requires the person to make the document available to a police officer.

194Offence to contravene production order

(1)A person must not contravene a production order, unless the person has a reasonable excuse.
(2)A person must not produce or make available a document under a production order that the person knows is false or misleading in a material particular without—
(a)indicating to the police officer to whom the document is produced or made available how the document is false or misleading; and
(b)giving correct information to the police officer, if the person has, or can reasonably obtain, the correct information.
(3)A person who contravenes subsection (1) or (2) commits a crime.

Maximum penalty—350 penalty units or 7 years imprisonment.

195Effect of compliance with production order

(1)A person is not excused from producing a document or making a document available when required to do so by a production order on the ground that—
(a)producing or making the document available might tend to incriminate the person or make the person liable to a penalty; or
(b)producing or making the document available would be in breach of an obligation, whether imposed by any law or otherwise, of the person not to disclose the existence or contents of the document.
(2)Subsection (3) applies if a person produces a document or makes a document available under a production order.
(3)The following are not admissible against the person in any criminal proceeding, other than a proceeding for an offence against section 194 in relation to producing the document or making the document available—
(a)the fact that the person produced the document;
(b)the fact that the person made the document available;
(c)any information, document or thing directly or indirectly obtained because the document was produced or made available.

Part 5A Accessing registered digital photos and other information

pt hdg ins 2008 No. 71s 5

Division 1 Preliminary

div hdg ins 2008 No. 71s 5

195ADefinitions for pt 5A

In this part—
access means—
(a)in relation to a registered digital photo—obtain a copy of the digital photo, including by electronic communication; or
(b)in relation to information stored electronically on a smartcard transport authority—view or take a copy of the information.
access approval order see section 195B(2).
adult proof of age card ...

def adult proof of age card om 2014 No. 43s 16(1)

chief executive (transport) means the chief executive of the department in which the TPC Act is administered.

def chief executive (transport) ins 2015 No. 14 s 16(2)

digital photo means a facial image encoded in a digital form.
emergency contact information ...

def emergency contact information om 2014 No. 43s 16(1)

marine licence indicator ...

def marine licence indicator om 2014 No. 43s 16(1)

post-access approval order see section 195F(1).
prescribed document ...

def prescribed document ins 2008 No. 71s 5 (amd 2010 No. 13s 59(1))

om 2014 No. 43s 16(1)

prescribed smartcard Act means any of the following Acts—
(a)the Adult Proof of Age Card Act 2008;
(b)the Tow Truck Act 1973;
(c)the Transport Operations (Marine Safety) Act 1994;
(d)the Transport Operations (Passenger Transport) Act 1994;
(e)the Transport Operations (Road Use Management) Act 1995.
prescribed transport Act means a prescribed smartcard Act other than the Adult Proof of Age Card Act 2008.
registered digital photo means a digital photo kept under the TPC Act by the chief executive (transport).

def registered digital photo sub 2015 No. 14 s 16

relevant entity ...

def relevant entity om 2015 No. 14 s 16(1)

smartcard transport authority means any of the following—
(a)a smartcard driver’s certificate or a smartcard assistant’s certificate as defined in the Tow Truck Act 1973, schedule 2;
(b)a smartcard marine licence indicator as defined in the Transport Operations (Marine Safety) Act 1994, schedule 1;
(c)a smartcard driver authorisation as defined in the Transport Operations (Passenger Transport) Act 1994, schedule 3;
(d)a smartcard authority as defined in the Transport Operations (Road Use Management) Act 1995, schedule 4.

def smartcard transport authority ins 2008 No. 71s 5 (amd 2010 No. 13s 59(2))

amd 2016 No. 3 s 76 sch 1

TPC Act means the Transport Planning and Coordination Act 1994.

def TPC Act ins 2015 No. 14 s 16(2)

s 195A ins 2008 No. 71s 5

Division 2 Access approval order for registered digital photo

div 2 (ss 195B–195D) ins 2008 No. 71s 5

195BAccess approval order

(1)This section applies if a police officer considers it is reasonably necessary for the investigation, prosecution or enforcement of the criminal law for a police officer to access a registered digital photo.
(2)The police officer may apply to a justice for an order authorising a police officer to access the registered digital photo (access approval order).
(3)The application must—
(a)be sworn; and
(b)identify the registered digital photo for which the access approval order is sought; and
(c)state the purpose for which the access is sought; and
(d)state why the police officer considers it is reasonably necessary to access the registered digital photo for the purpose mentioned in paragraph (c).

div 2 (ss 195B–195D) ins 2008 No. 71s 5

195CMaking access approval order

(1)The justice may make the access approval order if satisfied it is reasonably necessary for a police officer to access the registered digital photo for which the order is sought for the purpose for which the access is sought.
(2)The access approval order must identify the registered digital photo and the purpose for which the approval is given.

div 2 (ss 195B–195D) ins 2008 No. 71s 5

195DWhat access approval order authorises

An access approval order authorises a police officer to access the registered digital photo identified in the order for the purpose stated in the order.

div 2 (ss 195B–195D) ins 2008 No. 71s 5

Division 3 Accessing registered digital photo in an emergency

div 3 (ss 195E–195H) ins 2008 No. 71s 5

195EAccessing registered digital photo in an emergency

(1)This section applies if a police officer—
(a)reasonably suspects there is an actual or imminent serious risk to a person’s life or health or to public health or safety; and
(b)reasonably believes immediate access to a registered digital photo of a particular person is likely to enable a police officer to take action to reduce the risk.
(2)The fact that a person is missing is not, for that reason only, an actual or imminent serious risk to the person’s life or health for subsection (1)(a).
(3)A police officer may access the registered digital photo for the purpose of reducing the risk.

div 3 (ss 195E–195H) ins 2008 No. 71s 5

195FPost-access approval order

(1)As soon as reasonably practicable after accessing a registered digital photo under section 195E(3), the police officer must apply to a justice in writing for an order approving the access (post-access approval order).
(2)The application must be sworn and state the grounds on which the post-access approval order is sought.
(3)The applicant need not appear at the consideration of the application, unless the justice otherwise requires.
(4)The justice may refuse to consider the application until the police officer gives the justice all the information the justice requires about the application in the way the justice requires.

Example—

The justice may require additional information supporting the application to be given by statutory declaration.

div 3 (ss 195E–195H) ins 2008 No. 71s 5

195GMaking of post-access approval order

The justice may make the post-access approval order only if satisfied of each of the following—
(a)in the circumstances existing before the police officer accessed the registered digital photo under section 195E(3), the police officer had the suspicion and belief required under that section for accessing the photo;
(b)there was no other way for the police officer to obtain immediately a current photo of the person whose registered digital photo was accessed.

div 3 (ss 195E–195H) ins 2008 No. 71s 5

195HAppeal

(1)This section applies if the justice refuses to make the post-access approval order.
(2)Within 28 days after the justice refuses to make the post-access approval order, the commissioner may appeal against the justice’s order to a Magistrates Court.
(3)The Magistrates Court hearing the appeal may—
(a)confirm the justice’s order; or
(b)set aside the justice’s order and make a post-access approval order for the access.

div 3 (ss 195E–195H) ins 2008 No. 71s 5

Division 4 Accessing information stored electronically on smartcard transport authorities

div hdg ins 2008 No. 71s 5 (amd 2010 No. 13s 59(3))

amd 2014 No. 43s 17

195IAccessing information stored electronically on a smartcard transport authority

A police officer may, without the consent of the holder of a smartcard transport authority, access information stored electronically on the document for the purpose of exercising a power—
(a)under a prescribed transport Act; or
(b)in relation to the Criminal Code, section 328A.

Note—

The Criminal Code, section 328A creates offences for the dangerous operation of a vehicle.

s 195I ins 2008 No. 71s 5 (amd 2010 No. 13s 59(4), 2010 No. 19s 218)

amd 2014 No. 43s 18

Division 5 Other provisions about accessing registered digital photos and other information

div hdg ins 2008 No. 71s 5

195JGiving copy of access approval order to chief executive (transport)

As soon as practicable after an access approval order or post-access approval order is made in relation to a registered digital photo, the commissioner must give the chief executive (transport) a copy of the order.

s 195J ins 2008 No. 71s 5

amd 2014 No. 43s 19; 2015 No. 14 s 17

195KUsing registered digital photo and information

A police officer may only use a registered digital photo, or information stored electronically on a smartcard transport authority, that has been accessed under this part for the purpose for which the access was allowed.

s 195K ins 2008 No. 71s 5

195LDestruction of registered digital photo

(1)This section applies to copies of a person’s registered digital photo—
(a)accessed, under this part, a prescribed smartcard Act or the TPC Act, by a police officer; and
(b)in the possession of the police service, including by electronic communication.
(2)The commissioner must take reasonable steps to destroy copies of the person’s registered digital photo if—
(a)the photo was accessed for a purpose relevant to the investigation or prosecution of an offence by the person and—
(i)the person is found not guilty of the offence; or
(ii)a proceeding for the offence has not started within 1 year after the day the photo was first accessed; or
(b)the photo is no longer required for the purpose for which it was accessed; or
(c)the photo was accessed under section 195E and a post-access approval order is not made for the access.
(3)Subsection (2) does not apply if—
(a)the person has been found incapable of standing trial for the offence because of mental illness; or
(b)the person’s registered digital photo was accessed for a purpose relevant to the investigation or prosecution of more than 1 offence and for at least 1 of the offences—
(i)the person is found guilty; or
(ii)a proceeding has started against the person but a finding has not been made by the court about whether or not the person is guilty.
(4)The destruction of a copy of a registered digital photo must be carried out within a reasonable period after—
(a)the later of the following if the photo was accessed under section 195E and a post-access approval order is not made for the access—
(i)the period during which the commissioner may appeal against the justice’s order under section 195H(2) ends;
(ii)if the commissioner starts an appeal under section 195H(2) in relation to the justice’s order—the appeal is finally decided; or
(b)otherwise—the commissioner becomes aware of a circumstance mentioned in subsection (2)(a) or (b) in relation to the photo.
(5)In this section—
destroy, a registered digital photo, includes—
(a)deleting an electronic copy of the photo; and
(b)ending the way in which the photo may be accessed electronically.

s 195L ins 2008 No. 71s 5

sub 2014 No. 1s 12

amd 2015 No. 14 s 18

Part 6 Power to seize evidence and abandoned and illegally placed property

196Power to seize evidence generally

(1)This section applies if a police officer lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of an offence.
(2)The police officer may seize the thing, whether or not as evidence under a warrant and, if the police officer is acting under a warrant, whether or not the offence is one in relation to which the warrant is issued.
(3)Also, the police officer may photograph the thing seized or the place from which the thing was seized.
(4)The police officer may stay on the place and re-enter it for the time reasonably necessary to remove the thing from the place.

197Power to remove property unlawfully on a place

(1)This section applies if a police officer lawfully enters a place or is at a public place and finds on the place a thing the police officer reasonably suspects is on the place in contravention of an Act.
(2)The police officer may seize the thing if the person in charge of the thing can not immediately be found.
(3)Also, the police officer may seize the thing if the person in charge of the thing can be found and the police officer reasonably suspects the person is unwilling or unable to move the thing immediately.
(4)The police officer may take the thing to a place where the presence of the thing does not contravene the relevant Act or another Act.
(5)This section does not apply to a vehicle or an animal.

Part 7 Accessing account information

pt 7 (ss 197A–197D) ins 2014 No. 1s 13

197ADefinitions for pt 7

In this part—
account
(a)means a facility or arrangement through which a financial institution accepts deposits or allows withdrawals; and
(b)includes a facility or arrangement with a financial institution for a fixed term deposit or safety deposit box.
financial institution includes—
(a)a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx); and
(b)another corporation that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.
senior police officer means a police officer of at least the rank of inspector.

pt 7 (ss 197A–197D) ins 2014 No. 1s 13

197BGiving notice to financial institution

(1)This section applies if a senior police officer—
(a)reasonably suspects an offence has been committed, is being committed, or is about to be committed; and
(b)reasonably believes the advice sought in a notice under this section is required for—
(i)investigating the offence; or
(ii)commencing proceedings against a person for the offence; or
(iii)taking steps reasonably necessary to prevent the commission of the offence.
(2)A senior police officer may give a written notice to a financial institution stating a name and requiring the institution to advise the police officer—
(a)whether a person of the stated name is authorised, or was authorised at any time, to operate an account held with the financial institution; and
(b)if so, the name in which the account is or was held and the account number.
(3)Also, a senior police officer may give a written notice to a financial institution stating a number and requiring the institution to advise the police officer—
(a)whether an account with the stated number is held, or was held at any time, with the financial institution; and
(b)if so, the name in which the account is or was held and the name of any person who is or was authorised to operate the account.
(4)A notice under subsection (2) or (3) must also state each of the following—
(a)the name and contact details of the senior police officer giving the notice;
(b)that the police officer has the reasonable suspicion and belief required to give the notice under subsection (1);
(c)that the financial institution must comply with the notice within a stated reasonable period;
(d)how and to whom the advice must be given;
(e)a description of the offence under section 197D.
(5)The notice may state any other details that may help the financial institution identify an account.
(6)The same notice may be given—
(a)about more than 1 name or account number; and
(b)to more than 1 financial institution.
(7)When giving a notice under this section, the senior police officer giving the notice must make a written record of the reasons the officer has the reasonable suspicion and belief required to give the notice under subsection (1).

pt 7 (ss 197A–197D) ins 2014 No. 1s 13

197CProtection from suits etc. in relation to action taken

A person is not liable to any action, suit or proceeding in relation to action taken by the person—
(a)as required by a notice given under this part; or
(b)in the mistaken belief that the action was required by the notice.

pt 7 (ss 197A–197D) ins 2014 No. 1s 13

197DFinancial institution to comply with notice

(1)A financial institution must comply with a notice given to it under this part.

Maximum penalty—100 penalty units.

(2)However, a financial institution must comply with the notice only to the extent that records needed to comply with the notice are held by, or are under the control of, the institution.
(3)It is a defence to a prosecution for an offence against subsection (1) for the financial institution to prove it—
(a)could not reasonably comply with the notice within the period stated in the notice; and
(b)took reasonable steps to comply with the notice; and
(c)gave the advice sought in the notice as soon as practicable after the period for compliance stated in the notice.

pt 7 (ss 197A–197D) ins 2014 No. 1s 13

Chapter 8 Monitoring and suspension orders

ch hdg sub 2005 No. 45s 3sch 1

Part 1 Definition

pt hdg sub 2002 No. 68s 331; 2005 No. 45s 3sch 1

198Meaning of financial institution for ch 8

In this chapter—
financial institution includes—
(a)a corporation that is (or that, if it had been incorporated in Australia, would be) a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx); and
(d)another entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting.

s 198 amd 2005 No. 45s 3sch 1

Part 2 Monitoring orders

pt hdg orig ch 8 pt 2 hdg om 2003 No. 49s 10

prev pt 2 hdg om 2005 No. 45s 6

pres pt 2 hdg ins 2005 No. 45s 3sch 1

pt 2 div 1 hdg orig ch 8 pt 2 div 1 hdg om 2003 No. 49 s 10

pt 2 div 2 hdg orig ch 8 pt 2 div 2 hdg om 2003 No. 49 s 10

199Monitoring order applications

(1)A police officer may apply to a Supreme Court judge for an order (monitoring order) directing a financial institution to give information to a police officer about a named person.
(2)The application—
(a)may be made without notice to any party; and
(b)must—
(i)be sworn and state the grounds on which the order is sought; and
(ii)include information required under the responsibilities code about any monitoring orders issued within the previous year in relation to an account held with the financial institution by the named person.
(3)Subsection (2)(b) applies only to—
(a)information kept in a register that the police officer may inspect; and
(b)information the police officer otherwise actually knows.
(4)The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.

Example—

The judge may require additional information supporting the application to be given by statutory declaration.

s 199 amd 2002 No. 68s 333

200Making of monitoring order

The Supreme Court judge may make the monitoring order only if satisfied there are reasonable grounds for suspecting that the person named in the application—
(a)has committed, or is about to commit, a confiscation offence; or
(b)was involved in the commission, or is about to be involved in the commission, of a confiscation offence; or
(c)has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or
(d)has been, or is about to be, involved in a serious crime related activity; or
(e)has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.

s 200 amd 2002 No. 68s 334

201What monitoring order must state

(1)The monitoring order must order a financial institution to give information obtained by the institution about transactions conducted through an account held by the named person with the institution and state—
(a)the name or names in which the account is believed to be held; and
(b)the type of information the institution is required to give; and
(c)the period, of not more than 3 months from the date of its making, the order is in force; and
(d)that the order applies to transactions conducted during the period stated in the order; and
(e)that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.
(2)In this section—
transaction conducted through an account includes—
(a)the making of a fixed term deposit; and
(b)in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.

202When period stated in monitoring order starts

A monitoring order has effect from the start of the day notice of the order is given to the financial institution.

203Offence to contravene monitoring order

A financial institution that has been given notice of a monitoring order must not knowingly—
(a)contravene the order; or
(b)provide false or misleading information in purported compliance with the order.

Maximum penalty—1,000 penalty units.

204Existence and operation of monitoring order not to be disclosed

(1)A financial institution that is or has been subject to a monitoring order must not disclose the existence or the operation of the order to any person other than—
(a)a police officer; or
(b)an officer or agent of the institution (an institution officer), for ensuring the order is complied with; or
(c)a lawyer, for obtaining legal advice or representation in relation to the order.
(2)A person to whom the existence or operation of a monitoring order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—
(a)while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—
(i)if the person is a police officer—performing the person’s duties; or
(ii)if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or
(iii)if the person is a lawyer—giving legal advice or making representations in relation to the order; or
(b)when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.
(3)Subsection (2) does not prevent a police officer disclosing the existence or operation of a monitoring order—
(a)for, or in relation to, a legal proceeding; or
(b)in a proceeding before a court.
(4)A police officer can not be required to disclose to any court the existence or operation of a monitoring order.
(5)A person who contravenes subsection (1) or (2) commits a crime.

Maximum penalty—350 penalty units or 7 years imprisonment.

(6)A reference in this section to disclosing the existence or operation of a monitoring order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the monitoring order.
(7)In this section—
officer, of a financial institution, means—
(a)a secretary, executive officer or employee of the financial institution; or
(b)anyone who, under the Confiscation Act, is a director of the financial institution.

s 204 amd 2002 No. 68s 335

Part 3 Suspension orders

pt hdg orig ch 8 pt 3 hdg om 2003 No. 49s 10

pres ch 8 pt 3 hdg ins 2005 No. 45s 3sch 1

pt 3 div 1 hdg orig ch 8 pt 3 div 1 hdg om 2003 No. 49 s 10

pt 3 div 2 hdg orig ch 8 pt 3 div 2 hdg om 2003 No. 49 s 10

pt 3 div 3 hdg orig ch 8 pt 3 div 3 hdg om 2003 No. 49 s 10

pt 3 div 4 hdg orig ch 8 pt 3 div 4 hdg om 2003 No. 49 s 10

205Suspension order application

(1)A police officer may apply to a Supreme Court judge for an order (suspension order) directing a financial institution to give information to a police officer about a named person.
(2)The application—
(a)may be made without notice to any person; and
(b)must—
(i)be sworn and state the grounds on which the order is sought; and
(ii)include information required under the responsibilities code about any suspension orders issued within the previous year in relation to an account held with the financial institution by the named person.
(3)Subsection (2)(b)(ii) applies only to—
(a)information kept in a register that the police officer may inspect; and
(b)information the police officer otherwise actually knows.
(4)The judge may refuse to consider the application until the police officer gives the judge all the information the judge requires about the application in the way the judge requires.

Example—

The judge may require additional information supporting the application to be given by statutory declaration.

s 205 ins 2002 No. 68s 336

206Making of suspension order

The Supreme Court judge may make the suspension order only if satisfied there are reasonable grounds for suspecting that the person named in the application—
(a)has committed, or is about to commit, a confiscation offence; or
(b)was involved in the commission, or is about to be involved in the commission, of a confiscation offence; or
(c)has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a confiscation offence; or
(d)has been, or is about to be, involved in a serious crime related activity; or
(e)has acquired directly or indirectly, or is about to acquire directly or indirectly, serious crime derived property.

s 206 ins 2002 No. 68s 336

207What suspension order must state

(1)The suspension order must order a financial institution—
(a)to notify a police officer immediately of any transaction that has been initiated in connection with an account held with the institution by a person named in the order; and
(b)to notify a police officer immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with the account; and
(c)to refrain from completing or effecting the transaction for 48 hours, unless a named police officer gives the financial institution written consent to the transaction being completed immediately.
(2)In addition, the suspension order must state—
(a)the name or names in which the account is believed to be held; and
(b)the type of information the institution is required to give; and
(c)the period, of not more than 3 months from the date of its making, the order is in force; and
(d)that the order applies to transactions conducted during the period stated in the order; and
(e)that the information is to be given to any police officer or to a stated police officer and the way in which the information is to be given.

s 207 prev s 207 (prev s 172) renum 2000 No. 22s 9

om 2002 No. 39s 167

pres s 207 ins 2002 No. 68s 336

amd 2009 No. 48s 169

208When period stated in suspension order starts

A suspension order has effect from the time notice of the order is given to the financial institution.

s 208 ins 2002 No. 68s 336

209Contravention of suspension order

A financial institution that has been given notice of a suspension order must not knowingly—
(a)contravene the order; or
(b)provide false or misleading information in purported compliance with the order.

Maximum penalty—1,000 penalty units.

s 209 ins 2002 No. 68s 336

210Existence and operation of suspension order not to be disclosed

(1)A financial institution that is or has been subject to a suspension order must not disclose the existence or the operation of the order to any person other than—
(a)a police officer; or
(b)an officer or agent of the institution (an institution officer), for ensuring the order is complied with; or
(c)a lawyer, for obtaining legal advice or representation in relation to the order.
(2)A person to whom the existence or operation of a suspension order has been disclosed, whether under subsection (1) or under the provision as originally made or remade or otherwise, must not—
(a)while the person is a police officer, institution officer or lawyer, disclose the existence or operation of the order other than to another person to whom it may be disclosed under subsection (1) but only for—
(i)if the person is a police officer—performing the person’s duties; or
(ii)if the person is an institution officer—ensuring the order is complied with or obtaining legal advice or representation in relation to the order; or
(iii)if the person is a lawyer—giving legal advice or making representations in relation to the order; or
(b)when the person is no longer a police officer, institution officer or lawyer, make a record of, or disclose, the existence or the operation of the order in any circumstances.
(3)Subsection (2) does not prevent a police officer disclosing the existence or operation of a suspension order—
(a)for, or in relation to, a legal proceeding; or
(b)in a proceeding before a court.
(4)A police officer can not be required to disclose to any court the existence or operation of a suspension order.
(5)A person who contravenes subsection (1) or (2) commits a crime.

Maximum penalty—350 penalty units or 7 years imprisonment.

(6)A reference in this section to disclosing the existence or operation of a suspension order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the suspension order.
(7)In this section—
officer, of a financial institution, means—
(a)a secretary, executive officer or employee of the financial institution; or
(b)anyone who, under the Confiscation Act, is a director of the financial institution.

s 210 ins 2002 No. 68s 336

Part 4 [Repealed]

pt hdg orig ch 8 pt 4 hdg ins 2000 No. 22s 18

om 2003 No. 49s 10

Division 1 [Repealed]

(Repealed)

div hdg orig ch 8 pt 4 div 1 hdg ins 2000 No. 22s 18

om 2003 No. 49s 10

Division 2 [Repealed]

(Repealed)

div hdg orig ch 8 pt 4 div 2 hdg ins 2000 No. 22s 18

om 2003 No. 49s 10

Division 3 [Repealed]

(Repealed)

div hdg orig ch 8 pt 4 div 3 hdg ins 2000 No. 22s 18

om 2003 No. 49s 10

Division 4 [Repealed]

(Repealed)

div hdg orig ch 8 pt 4 div 4 hdg ins 2000 No. 22s 18

om